Kim asks whether or not we should have asked John Roberts about how his heterosexual life experiences affect his decisions making and I do recall lots of talk at the time about about Roberts' "late marriage" and odd views toward women. (This picture raised eyebrows for the same reason Kagan's hairdo raises them today.) But aside from a lot of sniggering, I don't recall anyone suggesting seriously that it should be brought up in the hearings.
I don't know if Elena Kagan sleeps with women or men. I don't know if she sleeps with anyone at all. I don't care. What I do know is that she has never claimed to be a lesbian, that she's never spoken out in the first-person as an advocate of gay rights and that she has never publicly discussed a romantic relationship with a woman. Gay isn't some genetic or soulful essence; it's a name you call yourself--and Kagan has not done that. So in my book, case closed. Elena Kagan is not gay. Is she straight? I don't know, and again, I don't care. Why does she have to have a sexuality at all?