The White House declared publicly, even before President Obama nominated Elena Kagan, that she is not a lesbian.
“False charges,” White House spokesman Ben LaBolt said after a conservative blogger wrote last month on a CBS News Web site that Kagan would be the “first openly gay justice.” LaBolt’s description of the rumor as “charges” was itself awkward, coming from a pro-gay-rights Democratic administration. His statement almost begged for a Seinfeld-esque not-that-there’s-anything-wrong-with-that qualifier.
Charges? Isn’t that what criminals get when they connect with the police and prosecutors? My, we’re defensive…but they’re so desperate, they’re bringing back Anita Dunn (fan of the Great Helmsman, Mao Zedong) to help shepherd her through the confirmation process.
And if you have any doubt whether they’re scraping the bottom of the barrel to prove she isn’t:
As the rumors have persisted, a number of Kagan’s friends have come forward, presumably with White House acquiescence, to attest that she is a heterosexual. One of those sexuality character witnesses was former New York governor Eliot Spitzer, who had to resign when he was caught patronizing prostitutes. “I did not go out with her, but other guys did,” Spitzer wrote in an e-mail to the news organization Politico, recalling his days with Kagan at Princeton.
There’s no doubt Eliot Spitzer would know a heterosexual when he sees one.
The problem is that, when you create a protected group, your identity with that group becomes a matter of public record whether you like it or not. That’s what happens when we get away from the Enlightenment idea of people as equal and undifferentiated under the law.