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Is The Mainstream Media Prepared To Discuss The Kagan Lesbian Rumors?

by Michael Triplett | 1:21 pm, May 10th, 2010

» 22 comments

kagan With the White House announcement that Elena Kagan has been nominated to the Supreme Court, it won’t be long until the chattering classes again begin to discuss her (lack of a) personal life and the lesbian rumors. Perhaps more importantly, why should it matter whether Kagan is a lesbian or not?

It was less than a month ago that the White House went ballistic over a conservative blogger at CBS passing along the story–allegedly picked up from gay and progressive blogs–that Kagan was a lesbian. The blog was pulled, the White House defended Kagan’s heterosexuality, and the rumor appeared to be quelled . . . until now.

Despite the protests and breath-holding-until-people-stop by Media Matters, the rumor about Kagan’s sexual orientation is out there and it hasn’t been spread by a right-wing cabal. Gay gossip blog Queerty made the suggestion and other gay and progressive blogs have also intimated. As Marc Ambinder at the Atlantic said before the CBS/White House fiasco took place:

Given the confusion and rumors about Kagan’s sexuality, the issue is bound to come up. It’s tough for the media to cover, because reporters have trouble writing openly and honestly about a very contested subject, and because they don’t want to appear to be outing anyone. There’s no consensus within “The Village” about whether sexual orientation is a private matter — or about when it becomes a public matter.

The rumors didn’t go away after the White House complained about the Ben Domenech blog and they are likely to arise now that the nomination has actually become real. So what are the media’s options:

1. Deny it’s a story and get mad if people suggest it – This appears to be the progressive response. Media Matters clearly won’t consider the question, despite furthering the rumor by denying it and browbeating people for talking about it. Supreme Court watcher Dahlia Lithwick (along with Emily Bazelon) used the same approach at Slate, saying “[i]t’s about making things up. There’s simply no evidence that Kagan’s pretending to be anything she’s not. The underlying lesson may be that the confirmation wars are so completely toxic that we have come to assume every nominee reflexively lies about everything, up to and including his or her sexuality.”

2. Blame the right for rumormongering – Yes, Domenech is a conservative and his explanations for why he wrote his infamous blog post were insincere. But this isn’t a right-wing smear. It has been a topic of conversation among gays, feminists, and progressives for quite awhile. Although the right would certainly use her sexual orientation against her if they had the chance, this isn’t a right-wing smear job . . . yet.

As Andrew Sullivan points out in smacking Bill Kristol, the right-wing focus on Harvard’s response to military recruiters contains the nuggets of a smear. Sullivan calls it a “subtle but powerful way of attacking Kagan because she is, according to large numbers of people who have known her, a lesbian. A lesbian who hates the military. It’s always worth listening to Kristol first. You get the contours of the coming smear.”

3. Getting Righteous and Demanding Answers – There are much much bigger issues to be worried about than who Kagan loves. While there may be an impulse to demand answers and investigate every luncheon she’s attended, trip she’s taken, and picture of her available on the Internet, this story doesn’t demand that kind of attention. Shouldn’t people be more concerned about her views on the First Amendment or executive power than whether she’s attended a Lillith Fair?

4. Acknowledge the Rumors and Let the Story Go From There - Probably the smartest approach. The rumors are there and the White House denials didn’t stop them. They must feel confident that there are no lesbian eruptions that are going to happen or that the story doesn’t have legs. So report the rumors, report the White House reaction, and let the chips land where they may. That doesn’t require digging into every luncheon or vacation that Kagan has participated in. Instead, it’s acknowledging the story, but not going all National Enquirer in investigating it.

Ultimately, it doesn’t matter whether Kagan is a lesbian or not. As Ambinder acknowledges, many think it would be great if she were a lesbian because it would be a victory for the gay rights movement. It would represent a significant milestone for there to be an openly gay or lesbian member of the Supreme Court, which may be the reason the rumors have spread on gay blogs.

But there’s something unseemly about the White House issuing statements denying that someone is gay because it would be politically problematic. And there’s something equally uncomfortable about the fact that many successful women who are unmarried are automatically assumed to be lesbians.

No matter how unseemly or uncomfortable, however, the rumors remain. It’s now the media’s turn to show how they can handle a story about a gay rumor. Ignoring it won’t make it go away, but parading the pink elephant around only makes it a circus. Nomination battles need not become toxic, and the nominee’s personal life need not be the most important–or even in the top 100–issue to be discussed.

When Michael Triplett isn’t covering LGBT media for Mediaite, he is a lawyer and journalist who has spent ten years as a reporter covering the Supreme Court, Congress, and Federal Agencies. In 2006, he won a National Press Club Award for a report he did on employment issues in the video game industry. He also blogs about media coverage of LGBT for the National Lesbian and Gay Journalists Association blog.

Andrew Sullivan, Ben Domenech, Bill Kristol, Dahlia Lithwick, Elena Kagan, Elena Kagan lesbian, Emily Bazelon, LGBT, Marc Ambinder, Media Matters, Queerty, Slate

badr

It’s not a rumor.
badr

What’s worse is that the White House lied.
Jerrysays

The BHO administration has a big problem with her sexuality and will attack anyone who mentions it. This is so funny coming from an administration saying it’s trying to end “DADT.”
http://www.facebook.com/people/Jonathan-A-Cohen/1421861353 Jonathan A Cohen

Just why does anyone care or worry about this? Does it really matter at all?
Jerrysays

“Just why does anyone care or worry about this?”

Ask the BHO administration. Gays will be proud of this nomination.
The Real Royal King

Whatever the facts, I think the Republican acceptance of Mark Foley, Mary Cheney, George Rekers and Ted Haggard rather dilutes their ability to engage in any of their tawdry little games. Hypocrisy, don’t you know?
badr

How can they be proud when the White House isn’t?
Jerrysays

The Real Royal King says:
May 10, 2010 at 2:34 pm

Whatever the facts, I think the Republican acceptance of Mark Foley, Mary Cheney, George Rekers and Ted Haggard rather dilutes their ability to engage in any of their tawdry little games. Hypocrisy, don’t you know?”

You are a total idiot.

It’s the BHO administration who has the problem with her sexuality.
http://gordonbloyershow.com gordonbloyershow

Let me see, we always point out that a “woman” was appointed to the court or a “black” man was appointed and that IS important. Now it is NOT important that a “lesbian” would be appointed? We have a “Jewish” woman on the court and that WAS important. We have an “Hispanic” woman and that was important.
Liberal hypocrisy is very very funny.
It is also important that the military allow homosexuals be open as to who THEY are, but we want to cover up all the homosexuals in politics or on our courts.
The Real Royal King

It is also important that the military allow homosexuals be open as to who THEY are, but we want to cover up all the homosexuals in politics or on our courts.

—

I do find some truth in that statement, Blower.

I’ll be glad when we reach the day, and we will, although a man of your advanced years and perhaps even a man of my less advanced years may not see it, that this issue ceases to merit much discussion.

I actually think that in a Court famous for Episcopalians, Presbyterians and, to a lesser extent, Methodists, we will soon have a Court without a single Protestant. Back around the time of your birth, that is what everyone would have been discussing.
http://gordonbloyershow.com gordonbloyershow

I don’t care if the court is all black, all white, all Asian, all Hispanic, all men, all women or all midgets. All I care about is that they follow the Constitution. Justice is supposed to be blind. I don’t want a judge picked for their empathy or because they represent a “diverse” point of view. The law is the law.
This is not about “balancing” the court between liberals and conservatives. Sadly, years ago even liberals followed the law, now they make up the law. Most of the recent decisions by the court should have been nine to zero.
The Real Royal King

Blower, the law is seldom as clear as you tend to want it to be. It must be interpreted in most instances, not simply applied. The question, therefor, is how limited is the scope within which the law may be interpreted permissibly. I would certainly give you that the Warren court was activist and, from time-to-time, too much so. However, the highpoint of judicial activism was the effective appointment of W as president. The Court should simply have opted out under the well-established “political question” doctrine. It did not and drove the dynamics of the 2000 election. To add insult to injury, we had the appointments of Alito and Roberts, two judicial activists of a rather extreme sort. To be sure about it, Scalia is much more the activist, but unlike Alito and Roberts, he didn’t lie about it in his confirmation hearing.
puck30

gordonbloyershow says:
May 10, 2010 at 3:10 pm

Very good points sir. What is important & what is not important, according to who?

But it is funny, I’ve never heard of the MSM making a big deal out of somebody being Episcopalian, Presbyterian, Methodist, Catholic, Morman, etc. unless it was convenient in one’s talking points.

So, she might be a lesbian. Okay, didn’t that rumor run for years with Ginsberg? Right now I’ve got a boatload of other questions before I get to…….Who does she share a drink with at the bar after work.

Just a quick two I have:

Where did she stand when Dick Cheney was doing his best to rip apart the Constitution with the Patriot Act, NSA and since Obama has extended it. What are her views?

When Elena Kagan was Dean of the Harvard Law School, she hired 29 tenured or tenure-track faculty members. But she did not hire a single black, Latino, or American Indian faculty member (okay one was an Asian American). 23 white men, 5 white women, and one Asian American woman. There were not enough qualified women and people of color. I’m Shocked! WOW! sounds like a KKK person eh? Southern Baptist? OMG! a Red-Neck on the supreme court? Has she been seen at any Tea-Parties?

So far this woman’s track record on issues looks like a white, blank, piece of paper. Somehow, Harriet Myers comes to mind. There’s almost no track record to go on, but everybody wants me to support her because they say she’s okay. Reminds of a scene from a movie (line comes at 43 sec.)

http://www.youtube.com/watch?v=LlQCW02Tbxc

No wonder the MSM will want to keep the focus on, ‘Is she gay’?
TylerDurden

American Indian faculty member ”

Yes, there are thousands of American Indian law professors to chose from , right? How many Eskimo Law professors are there, puke?

Why didn’t she hire a disabled, Eskimo who at one time lived in the ghetto with her adopted poverty stricken parents of Brazilian descent and who went through 5 rehab stints before entering Harvard Law School? Is that diverse enough for you?
puck30

Ya know Tyler are you an a**hole or do you just play one on tv?

So I guess you are okay with just White People getting hired, well ain’t that racist of you.

Funny I don’t think a mental midget would get this, what did I say? women of color. One of your favorite lines. And just asking a question, like alot of other people. Got an answer? A real one, not your ‘special ed’ response.

But looking at your post I would expect nothing less from a ‘D’-bag like you. Now go play with your Keith Olbermann blow up doll Little Boy.
TylerDurden

puke, how many angels dance an your head and why don’t you make some keys withe your teeth?

Such a hateful libby, boy!

BTW, puke, since a racist like you is so interested in quotas and such, there is already an AA on the SCOTUS- and the AA population is around 12%- you already got your quota, ahole!
puck30

Funny, I talk about why somebody didn’t hire people of color and get called a racist. Nobody ever gave you credit for having brains I guess.

He completely misses the point about the ‘Patriot Act & the NSA’.

Well what do you expect from someone who has monkey dung for brains, rumor has it the only time your parents let you out of the basement is on halloween to trick or treat. And we hear every year you go out dressed up as a landfill (no one doubts by the smell).

Okay I was wrong, they let you out at 2am to go down to Burger King and dumpster dive so you can feed yourself.
TylerDurden

Puke, your libby hate is showing.

How many times must I flush to get rid of you, racist?

BHO is picking someone based on their qualifications not on their skin color, racist boy!

Hubba, hubba!
AmericanCowboy

Lesbians should not be judges. They have a mental disease. Gays are sick in the head. Obama is an idiot.
timzank

The Real Royal King says:
May 10, 2010 at 4:09 pm
Blower, the law is seldom as clear as you tend to want it to be. It must be interpreted in most instances, not simply applied.

That school of thought is exactly why this country is a fuc*ed up mess.
JamesA1102

I thought the role of journalists was to report and dicuss facts not rumors. Have things gotten so bad in the media that rumors are considered newsworthy? With all the real problems we have from an exploding national debt to global climate change to an oil spill in the gulf to terrorist trying to blow up Times Square should the media concentrate on reporting those stories instead of tawdry rumors.
http://www.facebook.com/people/Kevin-Gotkin/1328880014 Kevin Gotkin

Great piece!