Elena Kagan Gay Rumor: White House Upset Over CBS News Blog

The Obama administration charged CBS News with being out of line Thursday for suggesting that possible Supreme Court nominee Elena Kagan is out of the closet. She isn't, according to a White House official, suggesting that a rumor campaign was being waged to trip up a potential Court candidacy.

In a post for CBS written by Ben Domenech, who is also editor of The New Ledger, Kagan is described as President Barack Obama's most likely choice. She's also described as potentially the "first openly gay justice."

Domenech later added an addendum stating, "I have to correct my text here to say that Kagan is apparently still closeted -- odd, because her female partner is rather well known in Harvard circles."

Then CBSNews.com added an editor's note confirming, "A White House spokesperson said that Domenech's reference to Ms. Kagan as gay is innaccurate."

The Washington Post reports:

CBS initially refused to pull the posting, prompting Anita Dunn, a former White House communications director who is working with the administration on the high court vacancy, to say: "The fact that they've chosen to become enablers of people posting lies on their site tells us where the journalistic standards of CBS are in 2010." She said the network was giving a platform to a blogger "with a history of plagiarism" who was "applying old stereotypes to single women with successful careers."

Domenech has since issued a public apology to Kagen "if she is offended at all by my repetition of a Harvard rumor in a speculative blog post."

The Post also points out that, "Most major news organizations have policies against 'outing' gays or reporting on the sex lives of public officials unless they are related to their public duties."

Kagen currently serves as Obama's solicitor general and is widely considered a front runner for the nomination created by the announced retirement of Justice John Paul Stevens.

Comments

[Roland19]

08:46 AM on 05/12/2010

There's an old saying: Never start an argument with someone who buys ink by the barrel. That could easily be updated to "Don't start an argument with an organization that owns its own communications satellite. CBS was upset the other day that Kagen wasn't made available to the press for interviews. Apparently, the White House staff taped an interview between her and an internal staffer, and posted it as the interview everyone is supposed to run with. CBS wasn't pleased (amongst others) with this way of trying to manage the news -- and lo and behold, bad press starts to follow.

I have no trouble with Kagen's nomination. She ought to be confirmed without issue, I think. But I find the White House's approach toward the media in regards to this unfortunate. It doesn't seem to be what we were promised -- an open, transparent administration.

[342HP]

01:18 AM on 05/12/2010

I don't care whether she's gay or not. I just think she is an odd person. She's odd looking and we haven't heard her say a peep on anything. Sotamayor is unmarried. Alito is a freak/dweeb. Scalia is definitely not normal. Why couldn't we have a normal person with a normal lifestyle that also has a career? I am tired of these ivory tower people. The fact is, most people aren't gay, they have children and regular lives. And the majority are supportive of gays having what they have, because they have it. The all academia/all the time factor bothers me as well. Enough already.

[jackinthegreen]

03:20 AM on 05/11/2010

If she's IN the closet, that's worse! I would rather have a pro-gay, straight, white man in there than a closeted careerist any day, but way past that I would LOVE to have an out, proud lesbian on the court. Gay rights is the civil rights cause of our day, and a closeted person prevaricating in a Senate hearing is our era's McCarthyism. Sorry. Can't abide by that.

[Margo Arrowsmith]

10:33 AM on 05/11/2010

Good grief, she didn't let recruiters on the Harvard campus in part because of Don't Ask; Don't Tell. What more do you want?

[Rose Spencer]

03:08 PM on 05/10/2010

Yet another Outstanding example of "Double Standards" IF this nominee were a Pro-Life Christian one of the first questions to come up would be whether or not her belief(s) would cause her to be biased towards those cases coming before her in regard to Roe vs Wade in deciding abortion rights, yet when the issue is brought up in regard to her sexual orientation all of a sudden this is inappropriate, not an issue, and none of our business, but We the People whom she will be representing have a right to know!! (Post Script: Just because someone Teaches others about the fundementals of flight doesn't qualify them to actually fly Air Force 1

[rhusradicans]

05:10 PM on 05/10/2010

I take issue with your postscript. The analogy isn't a good one. Tell us in detail how serving on the SC is like flying an airplane. She would not be the first SC Justice who did not serve as a judge. She has argued before the SC representing "We the People". She knows far more than "the fundamentals" about the Constitution, and can use what she knows.

[15yearswiser]

05:11 PM on 05/11/2010

OK...then I guess you don't mind me asking YOU. What do you and your husband do in the bedroom? There is no double standard..Not all Christians are for pro life. Not all gay people are for gay marriage. You say "We the People whom she will be representing have a right to know!! " No...sorry...you ABSOLUTELY have no right to know. It is not your business. Being gay is not her "beliefs" it is who is. (or may not be) Either way...you are comparing apples to oranges sweetie.

[15yearswiser]

05:16 PM on 05/11/2010

Being gay is not her "beliefs" it is who SHE is. (or may not be)........... Sorry typo. I type too fast when I am passionate about something. MY BAD

[Ron Adam]

06:02 PM on 05/07/2010

If she's gay she's done she would not get the votes in congress, both parties would vote no. Right before and election not good. They would both be to scared to vote for her.

[proudliberal4truth]

03:29 PM on 05/07/2010

I would hope she's asked the question during her confirmation hearing (although it's nobody's business) and I hope she answers truthfully (which I have no doubt she will) and I hope that the US Senate will overwhelmingly support her nomination regardless of her answer. We are America and this is the 21st Century.

[KnightOfTheRight]

04:14 PM on 05/08/2010

Lol. I hope she answers that too. That's exactly what we need in America today - for liberals to come out and tell the nation exactly who they are. If you are a socialist, say I am a socialist. If you are gay, say I am gay and proud and proud of it. If you believe in high taxes, then run on a platform of raising taxes. I agree with you completely.

[15yearswiser]

05:01 PM on 05/11/2010

I can not agree with you on that one. She should not be asked. You can't ask someone that question on a job interview." excusse me but are you gay or straight?" It shouldn't be asked durring the confirmation hearings. I mean...if she is as smart as everyone says she is, she would volunteer the information, but she doesn't have to. People are going to assume she is gay anyways so what is the point of asking the question? Does it really matter?.. I don't think anyone should be force to "come out". I respect and admire those who do but to force someone to admit their PERSONAL business is just wrong gay or straight. And anyone in Washington that thinks her sexual preference is an issue, well they are just nuts.

[edweird]

11:31 AM on 04/25/2010

They did the same thing to Janet Reno, and David Souter. Apparently unmarried people must prove their sexual orientation bona fides to Republican Homophobes in the House and Senate.

[demomntgirl]

09:24 AM on 04/19/2010

who cares?

who cares?

who cares?

Old people....who are mostly republicans.
so again...
who cares?

[mickeyson]

03:00 PM on 04/17/2010

Who cares, she's there to do a job, therefore you should go by her record in office vs. her record in the bedroom!

[Newsradiohead]

12:23 AM on 04/18/2010

Yeah, this is repulsive. The Dems want to go about the business of fixing the country, and their enemies want to play stupid games by making Kagan's private personal life a political issue. This is really disgusting.

[dben]

01:26 PM on 04/17/2010

Note to Heterosexuals – PART 2:

9) Stop professing you are "fine with The Gays". We're sure you have many black friends too. Please stop telling us about it.

10) Stop forcing homosexuals to tolerate your "tolerance".

11) Stop extrapolating from personal experience.

Exhibit A: "I like The Gays so all straight people are cool like me. I'll just indulge my uninterrogated belief that homophobic bigotry is a fantasy of Phrenological proportions and expect The Gays not to be offended by my narcissistic ignorance because, really, my personal feelings and comfort are much more important than the systemic oppression and persecution of an entire class of people worldwide for centuries. Because straight people really are the center of the universe! No, I mean I'm really the center of the universe!"

[karela]

09:25 AM on 04/18/2010

Anger and snark are always so very effective in getting people to vote for your team. Way to win friends and influence people!

[loutreverte]

05:55 AM on 04/17/2010

Speaking as a bisexual, I cannot trust someone who is still closeted about their sexuality. Twenty years ago it was different, but today in the context of Kagan's life at Harvard, a liberal university, and under a liberal president where her job and reputation would no suffer, it shows a problematic mindset.

If she or any other person in the closet feels shame or fear about their same sex attraction, they cannot be trusted to uphold rights for gays and transgendered people. Just look at the number of closeted gay Republicans and their disturbing record of opposing LGBT civil rights.

[Progressive in FLA]

12:06 PM on 04/17/2010

Agreed. If she is Gay, and tries to stay in the closet about it, she is not living an honest life and would probably not be completely honest in her judgements. Like Clarence Thomas, who is pretending to be a conservative white person, has twisted his mind into such a pretzel that he rarely ever speaks during deliberations and when he does, he just grunts. I really hope Obama isn't just trying to sneak a Lesbian on the bench just for the record, especially when that person won't back LGBT civil rights.

[LemonMeringue]

10:41 PM on 04/17/2010

Are you so sure her job and reputation would not suffer (by coming out as gay)? I think the world is not as advanced as we like to think, when we keep company with people who are not bigots.

[InofTouch]

10:34 PM on 04/16/2010

Stop Planeing Her

[baba2nde]

07:36 PM on 04/16/2010

Silly White House response. What if she is?

There is a lot going for and against Ms Kagan, sexual orientation is not one of them.

T

[yorfutrxhsbnd]

08:56 PM on 04/16/2010

If they denied she is gay, then I would agree, that's pretty bad. But is the text of the response available? Or is this someone who told someone who allegedly told someone else? "A White House spokesperson" doesn't tell me very much.

And if everyone knows about her partner, PERHAPS, her intent was, with the administration's blessing, to come out on her own terms after she is on the bench to avoid the issue dominating the confirmation hearings.

Not that it should be an issue at all, but this is America and we still have those pesky right - wingers who would hold just about anything. I really suspect that if the administration in fact denied this, it was at the behest of the nominee.

[karela]

09:35 AM on 04/18/2010

How does anyone decide that she has a "partner"? I have a room mate to share expenses but she isn't my "partner"-----friend, good company, someone to laugh with while cooking----but not a sexual partner. And anyone who thinks that the Republican party wouldn't go after a gay SCOTUS nomination----and get LOTS of support for it in this country, is just living in wishful thinking land. It should be about brains and experience and ability, but it's delusional to think that being gay wouldn't bring out the light sabers and apoplexy in the other side. Their supporters would never leave the television while that blood was running. Remember this: It was people like Senator Coburn and evangelicals who got Uganda so riled up about homosexuality that they're trying to pass a law to give gays death sentences. These are not reasonable people that we're dealing with.

[dben]

06:33 PM on 04/16/2010

Note to heterosexuals – PART 1:

1) Stop assuming the myth of Compulsory Heterosexuality...right now. It's embarassing.

2) Stop imposing the demand all Gays come out. No homosexual owes you an explanation for, or disclosure of, anything ever.

3) Stop equating discretion with delusion. If a Gay does not “come out” to you that lack of disclosure not always mean a person is "Gay" and closeted. It very often means a person is avowedly "Gay" without any intention of discussing it with YOU or acknowleging your offensively suspicious, circumspect manner. The compulsion to "come out" is a heterosexual fantasy and a bigoted function of the closet...both imposed upon The Gays.

4) Stop using the phrase "openly Gay". Sexual orientation is avowed not admitted.

5) Stop speculating freely and conspiratorily on the sexuality of others. It betrays your grotesque insecurity. It is also called Sexual Harassment.

6) Admit your fear and anxiety when suspected Gays do not reveal sexual orientation.

7) Face that fear and anxiety ALONE. "The Gays" do not come out of the closet just so you can indulge your remarkably creepy need-to-know. Here's a thought: healthy people have boundaries.

8) Admit your unchallenged belief in Compulsory Heterosexuality alone is the cause of your fear and anxiety NOT your perception of ostensible, unverifiable homosexuals.

[dben]

06:33 PM on 04/16/2010

Note to heterosexuals – PART 2:

9) Stop professing you are "fine with The Gays". We're sure you have many black friends too. Please stop telling us about it.

10) Stop forcing homosexuals to tolerate your "tolerance".

11) Stop generalizing and extrapolating from personal experience.

Exhibit A: "I like The Gays so all straight people are cool like me. I'll just indulge my uninterrogated belief that homophobic bigotry is a fantasy of Phrenological proportions and expect The Gays not to be offended by my narcissistic ignorance because I really am the center of the universe!"

12) Stop flattering yourself with the "Homosexual Panic Defense". Gays do not want to have sex with you. This is emphasized for straight men. Really. Look in the mirror, step on a scale, then look around.

13) Stop conflating homosexual with "Gay". Sexual orientation and cultural identity are not the same thing, especially when the cultural identity in question has never been formed outside of oppression. While all "Gays" are homosexual, not all avowed homosexuals culturally identify as "Gay".

[subversive86]

07:53 PM on 04/16/2010

I like item number 11, maybe you should read it again, but I'm just speaking as ONE heterosexual.

[Vernon Brown]

07:59 PM on 04/16/2010

A lot of it sounds good, but damn, God had less commandments