Sexual orientation matters
Tuesday, May 25, 2010 at 9:55AM Andrew Sullivan argues that for gay persons, their orientation is not a mere "trace of identity", but rather is central to their identity.
Imagine living under the assumption that you are gay for your entire childhood and adolescence; imagine feeling compelled to date someone of the same sex at some point; imagine cultivating an all-encompassing skill at hiding key details of your life, spouse or social circles. Hide that photo on your desk at work; introduce your wife or husband to your work colleagues as a "friend"; remove from your chatter any personal pronouns; never mention children; never tell work colleagues of any social event that might imply straightness. Just try it for a couple of days. Now imagine it for a lifetime.
This is why the question matters. And why, much as we might like to, we cannot simply wish it away.
The only way past this is through it.
This has gotten me thinking about my post on Elena Kagan and how I can be misconstrued as saying her sexual orientation simply doesn't matter in the greater scope of her SCOTUS nomination. So let me clarify that: while I do not believe sexual orientation matters in how well she can discharge her duties as a Justice (once confirmed, of course), the question matters a whole lot more when we question her identity, her life experiences, and essentially, who she is.
Given that a gay person will no doubt have to face a different reality that straight people do not face, and thus will have a significant impact on their formative experiences, it would be silly to argue that orientation is a "last trace" of identity. The Obama administration leveraged on Sonia Sotomayor's experience growing up as a child of immigrant parents, and promoted her "empathy" because of it. Why the different treatment with Kagan, and why is the question of her sexuality treated as an affront?
I stand by my argument that it has very little to do with her projected performance as a Justice, but life experiences influence intellectual development, and that has everything to do with reaching decisions in the capacity of a Justice. This is a question that matters because she will be making those decisions as part of the Roberts Court if she is confirmed, and given her existing records indicate very little of her legal standpoints and opinions, it is a justified one.
Andrew Sullivan,
Elena Kagan,
SCOTUS,
sexual orientation in
LGBT,
Law,
Politics,
United States 

Reader Comments (2)
Of course, it's not a lifestyle.. it's Life
@Greenteacup: It's something that I have to constantly keep in mind, because I have never had to hide who I am.