Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Thursday, May 20, 2010

Does It Matter If Elena Kagan Is Gay?

Supreme Court

Though I consider myself a supporter of gay rights, I believe it matters-in fact it matters a lot if Elena Kagan is gay. We made it a big deal when a woman or a minority is appointed to the Court. We look at where the nominee is from and what schools he or she may have attended. Remember, those pictures of Chief Justice Roberts children at the White House when his nomination was announced?

So it matters if a nominee is gay. The question should not be if it matters, but how it matters. My view is that a nominees sexuality should be given the same weight as a nominees sex, race and home state. It matters as a point of information, culture and history. However, a person's sexuality should not be a factor in a Senator's confirmation vote.

Mitchell H. Rubinstein

Supreme Court | Permalink


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