Elena Kagan, a lesbian?

Probably not. But the rumors about SCOTUS nominee Elena Kagan's sexuality have gotten the conservative base riled up. They point to several friends of Kagan's who have claimed she is a closeted lesbian. They also believe it explains the instance where she banned military recruiters from Harvard University because of their Don't Ask Don't Tell policy. It could be the lack of a husband past child bearing age. Whatever the motivations for these rumors, or their truthfulness, this debate raises an interesting question. Should we have an openly gay Supreme Court justice? As with most liberals, I would say definitely. We should have a supreme court that accurately reflects the population as a whole. Gays represent about 10% of the population. Does this mean that we should have one gay justice? I am all for choosing the most qualified nominee regardless of their race or sexual orientation. We don't necessarily need a gay justice, we just need to discard sexual orientation as a qualification for serving on the Supreme Court.