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Christopher Ryan

Christopher Ryan

Posted: May 20, 2010 04:56 PM

Is Kagan's Sexuality Fair Game?

What's Your Reaction:

Elena Kagan's nomination to the Supreme Court has provoked some interesting discussion of non-traditional sexuality in high places. Überblogger Andrew Sullivan has been asking crucial questions concerning whether Elena Kagan's sexuality is a legitimate issue for public scrutiny. Slate's William Saletan compared Kagan's sexuality to Robert Bork's religious views (Bork was nominated in the 1980s; Saletan argues that both issues should be off limits). Maureen Dowd wants to know why men are "single" but women over a certain age are "unmarried." Meanwhile, the White House has put their foot in it by claiming that rumors about Kagan's possible lesbianism amount to "false charges."

Really? Can one be "charged" with lesbianism these days? If so, are we talking felony or misdemeanor?

In the midst of all this, one passage from Sullivan's piece defending his right to ask about Kagan's sexuality really jumped out at me:

I am not seeking to expose anyone in this way at all, because I know at first hand how brutal it can be. I seek no cruelty at all. I want to know no details or specifics. But I do think a simple answer to a simple question about a core part of someone's identity should be possible.

Sullivan wants a simple answer to the question: Are you gay or not? This seems "simple" to him because he's thinking like a man -- a man who has always known he was gay.

Some men and women are born gay. According to the science available, it seems that more men than women experience their sexuality in this defined, determined way. But others are less definitive about their sexual orientation. For many women (and some men), sexual attraction is more about the individual they're attracted to than his or her gender.

Sexologist Lisa Diamond spent over a decade studying the ebb and flow of female desire. In her book Sexual Fluidity, she reports that many women see themselves as attracted to specific people, rather than to their gender. Sex researcher Meredith Chivers agrees, writing, "Women physically don't seem to differentiate between genders in their sex responses, at least heterosexual women don't."

Psychologist Richard Lippa teamed up with the BBC to survey over 200,000 people of all ages from all over the world concerning the strength of their sex drive and how it affects their desires. He found an interesting inversion of male and female sexuality: for men, both gay and straight, higher sex drive increases the specificity of their sexual desire. In other words, a straight guy with a higher sex drive tends to be more focused on women, while higher sex drive in a gay guy makes him more intent on men. But with women -- at least nominally straight women -- the opposite occurs: the higher her sex drive, the more likely she'll be attracted to both men and women. Lesbians showed the same pattern as men: a higher sex drive means more women-only focus. Perhaps this helps explain why nearly twice as many women as men consider themselves bisexual, while only half as many consider themselves to be exclusively gay.

What if Kagan is one of the millions of women who have had intimate relationships with men and women, but who doesn't consider herself bi-sexual? What if she's currently in a long-term relationship with a woman, but considers herself to be heterosexual? What if she's asexual, or pansexual, or mostly homosexual, but with exceptions? In other words, what if an honest answer to Sullivan's "simple question" requires precisely the "details" and "specifics" he claims he doesn't want to know and admits are nobody's business?

While I agree with Sullivan and others that it's high time an openly gay person could be nominated to the Supreme Court (or any other job) without his or her sexual orientation being of any more import than religion or ethnicity, it's important to remember that when it comes to sexuality, simple questions don't always imply simple answers.

_________________________

Some of this material appears in Sex at Dawn: The Prehistoric Origins of Modern Sexuality.

 

Follow Christopher Ryan on Twitter: www.twitter.com/sexatdawn

 
 
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HUFFPOST BLOGGER
DudeinHammock
07:57 AM on 05/22/2010
Update (5/22): Looks like Andrew Sullivan has heard this message, even if he didn't get it here.

"I do think my own experience of sexual orientation is limited in so far as it is about male sexual orientation, which seems to be much more binary and rigid than female sexual orientation."

http://andrewsullivan.theatlantic.com/the_daily_dish/2010/05/they-still-dont-get-it-ctd-2.html
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HUFFPOST COMMUNITY MODERATOR
Budokan
Professional science fiction/fantasy writer
12:52 PM on 05/21/2010
Something like this would only matter to a conservative.
12:40 PM on 05/21/2010
I know a way to put a stop to these questions. Just say that ALL politicians running for office, awaiting appointment, or already in office will have their sex lives scrutinized. Tell Congress to be prepared for investigators to be coming around within the next week and to have a list of all sex partners (name address and phone) printed up so their claims can be verified.

That would stop this nonsense cold.
12:32 PM on 05/21/2010
Thank you - but in AmeriDUH - it will not happen - since we all love a scapegoat. Since Blacks and women can't be legally discriminated against - that leaves THE GAYS!!!
12:31 PM on 05/21/2010
In case you haven't heard, it's perfectly legal to discriminate against gays in employment and housing.
12:30 PM on 05/21/2010
Excellent article.
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HUFFPOST BLOGGER
DudeinHammock
07:13 AM on 05/22/2010
Thanks, llisa. It's my first here at Huffington Post, so your support is much appreciated.
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HUFFPOST PUNDIT
ProfessorDuh
12:05 PM on 05/21/2010
It would also be a good idea if light-skinned black people seeking public office were to "pass" as white, right? Because their race is "nobody's business?"
HUFFPOST PUNDIT
noaxe397
08:40 AM on 05/21/2010
Conservatives today like to talk about how they are so high minded regarding diversity that THEY quote MLK and speak of no longer needing AA or civil rights legislation. After all, they say, we did elect a black president, right?

Well, if that's the case, then why do we have to ask a gal who plays softball her sexual orientation?
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HUFFPOST PUNDIT
ProfessorDuh
09:15 AM on 05/21/2010
We did. They didn't.
HUFFPOST PUNDIT
noaxe397
09:26 AM on 05/21/2010
I'll assume by "we" you mean liberals and by "they" you mean conservatives. I consider andrew Sullivan to be a conservative. I also consider the WSJ to be so also.
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HUFFPOST PUNDIT
ProfessorDuh
08:36 AM on 05/21/2010
A great number of our problems would be solved if public officials would start leading authentic lives, and admitting who and what they actually are. But I won't hold my breath.
12:28 PM on 05/21/2010
Did you read the article?
07:18 AM on 05/21/2010
Hey! How's the weather in last week?
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HUFFPOST PUNDIT
EmmaJ76
Designer, writer, political nerd
07:03 AM on 05/21/2010
Has her sexuality got anything to do with her job? No.
Has anyones sexuality got anything to do with their job? In theory no
So it should not be fair game and should not be made into something that is being used against her nomination.
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HUFFPOST PUNDIT
ProfessorDuh
08:30 AM on 05/21/2010
As long as politicians parade their picture-postcard families before the cameras, and then hide behind them after they're caught with their mistress or their boyfriend, a public figure's sexuality will be an issue. They need to get used to it or get out.
HUFFPOST PUNDIT
noaxe397
09:28 AM on 05/21/2010
That's not sexuality. That's adultery and that's fair game.

We don't mention the race or religion of a cheating politician; why should their sexual preference matter?
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HUFFPOST PUNDIT
EmmaJ76
Designer, writer, political nerd
11:29 AM on 05/21/2010
That's nothing to do with sexuality - that's people committing adultery.

Her sexuality, or anyone's sexuality should not be part of the job interview.
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HUFFPOST PUNDIT
Puller58
Man of Mystery
05:26 AM on 05/21/2010
Ignoring the problems that we have with closeted officials that support questionable policies and legislation doesn't make them go away.
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HUFFPOST PUNDIT
ProfessorDuh
08:34 AM on 05/21/2010
Exactly.
HUFFPOST SUPER USER
JDBishop5
03:00 AM on 05/21/2010
>...I agree with Sullivan and others that it's high time an openly gay person could be nominated to the Supreme Court (or any other job) without his or her sexual orientation being of any more import than religion or ethnicity...<

Sorry. I cannot agree. I think a person's race, sexual orientation, and ethnicity are irrelevant, but that their religion is. Somehow we have convinced ourselves that having six of the nine justices on the Supreme Court be Catholics is a good idea. Six justices, 66% of the panel, who risk excommunication should they endorse a woman's right to chose. Either they are Catholics, and must accept that churches dictates about abortion, or they are not. I will take their word. They all say they are Catholics. How is THAT not a situation it is proper to question?
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HUFFPOST BLOGGER
DudeinHammock
05:32 AM on 05/21/2010
Good point, JD. If we assume that each of them will strictly follow the teachings of their religion, then religion is a crucial issue in considering a Supreme Court justice. However, doesn't history show that this isn't the case? I'm not a legal scholar, but clearly Roe v Wade has been supported by a majority of justices whose religion is officially anti-abortion, no?
HUFFPOST SUPER USER
JDBishop5
07:51 AM on 05/21/2010
That may be, for now. What does it indicate? In my opinion it indicates that certain justices are liars regarding substantial matters of conscience. A Nun was recently 'automatically excommunicated' by her American Bishop of the Catholic church because, as a serving nurse, she participated in an abortion medically required to save the life of the mother. NO person, certainly not a judge on our highest court, should be accepted as civilized if they do not renounce membership an organization that condones such actions, to say nothing of the widening 'slick' of priestly child molestation cases now spreading across the United States, Ireland, Europe, and Australia. Would we accept a judge that handled snakes, gutted chickens, sacrificed virgins, or ran naked through the streets if they did so out of an expressed religious conviction? Would we place a person on the court who was a member of the Taliban? How can we let our last source of appeal from tyranny be dominated by people who cling to membership in an organization with the Catholic historical and current events record of abuse, rape and torture of children, suppression of education and science, subjugation of women, and bloated misappropriation of funds? (Cardinal Law of Boston, while passing abusive priests from child to child, was living all the while in a residence appraised at $125,000,000, according to Time.)
01:05 AM on 05/21/2010
In polite society, no. However, that is not what we are dealing with. Clarance Thomas preferences were all over the media. Souter ? Roberts? Kennedy assumed. Perhaps being orientation blind is not the way. Maybe diversity sensitive is.

Time to put an LGBT working class person on the court.

All this speculation about the candidate sexuality seems like a red herring to detract from issues of corporatism.
12:33 PM on 05/21/2010
Exactly.
12:52 AM on 05/21/2010
No, is the answer to the title's question.

And Andrew Sullivan is an uberass, not an uberblogger, who rarely asks crucial questions.