Media, here's your question: "Solicitor Kagan, do you identify as a lesbian?" Ms. Kagan, your answer is simpler still: "Yes" or "no."
Pipe down, lefties. Yes, it is relevant. Most liberals would disagree, but despite "progressive" protestations to the contrary, character does, in fact, matter. A majority of Americans still consider sexual morality – or a lack thereof – a pertinent factor in contemplating one's fitness for any public service – chiefly, perhaps, a lifetime appointment to our most supreme earthly court.
Every major world religion, thousands of years of history and uncompromising human biology have established that homosexual conduct is among other volitional behaviors rightly filed under "sexual immorality." Indeed, the majority of folks around the world – billions, actually – count this a timeless truth.
But the controversial nature of homosexuality is but one point of concern. Another involves potential conflicts of interest, "real or perceived." If we had a judicial nominee – widely believed a compulsive gambler – tapped to preside over gambling cases, would it not matter? If we had a nominee credibly rumored to use medical marijuana who might someday rule on the legality of medical marijuana, wouldn't such information be germane?
And before you liberals throw out that favorite red herring: "By this logic, Clarence Thomas shouldn't rule on cases involving race or sexuality because he's a black heterosexual male" – remember: skin color is a neutral, immutable characteristic. Being black is what someone is.
On the other hand, being "gay" is what someone does.
The question is important for context. The answer, for instance, might explain why Kagan drop-kicked our brave men and women of the armed services in the solar plexus, during a time of war, by banning military recruiters from Harvard while dean of the law school. She did so in protest of the military's "don't ask don't tell" policy, calling it "a profound wrong" and "a moral injustice of the first order."
Indeed, whether or not Elena Kagan self-identifies as a lesbian, she has proven herself a radical anti-military, pro-homosexual ideologue and activist. There's little doubt that she would take this activism with her to the high court.