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What Elena Kagan's Mother Would Really Have Said

Posted: 05/10/10 05:12 PM ET

When President Obama announced Elena Kagan's nomination to the Supreme Court this morning, he noted her previous important firsts: She was the first woman Dean of Harvard Law School and the first female Solicitor General of the United States. Huge achievements.

He also noted that his distinguished nominee's mother "had grown up at a time when women had few opportunities to pursue their ambitions and took great joy in watching Elena do so."

"I think," the president speculated, "her mother would have relished this moment."

True, all true, but not the whole story. I know this because, as a decades-long neighbor to the Kagans in our Upper West Side building, I have been watching Elena Kagan's career and progress toward a Supreme Court nomination with bated breath. I admired her, and I liked to vicariously enjoy the very accomplishments I'd dreamed of for myself in my distant youth.

As a high-school kid in a Philadelphia public school in the early 1960s, I was a smart, nerdy girl who cherished ambitions that were pretty much out of reach for girls then. I wanted to become a lawyer. But, really, that was just a path to becoming a Supreme Court Justice. I'd researched some of my senior papers at Penn's law library and read and written about constitutional law. I'd read biographies of some of the great justices. A proto-feminist history teacher at my school, approving, my ambitions, gave me the names and numbers of three "lady lawyers" in town (one of whom would later become a judge) so I could interview them what it was like for a woman to be a lawyer. And they all agreed to see me. So rare was it in that time and place.

In college, I was lured away from the law by my love of literature, and I would eventually get a PhD in English lit rather than an LLB. But in that pursuit, I also met obstacles, professors who said things like, "Why would a pretty little thing like you want to go to graduate school when you could get married?" Perhaps the biggest obstacle was my mother, a daughter of immigrants with a high school education. She did take pride in my achievements, I knew. I could hear her on the phone bragging to her friends about my Phi Beta Kappa and my summa cum laude (once she'd found out what these meant). But to me, she said over and over with a pasted-on smile: "It's nice to get your PhD, but more important to get your M-R-S."

Elena Kagan's mother, Gloria, seemed very different. I often spoke with her over the years, coming and going in the lobby or in the elevator. Half a generation younger than my mother, she was college-educated, with an acerbic wit. She taught at Hunter elementary, the public school for New York City's smartest kids. She took a special interest in the progress of my older daughter Sara (who'd been born into our West End Avenue co-op) because Gloria thought she was "brilliant." Clearly, Gloria approved of brilliance in girls. Yet she rarely spoke to me about her own children, who were now grown and on their own.

Then came the day of Elena's appointment as first woman dean of Harvard Law. By this time, Gloria was widowed and in poor health (I was now a much younger widow), and she would typically answer my cordial "How are you?" with a roll of her eyes. "Well,... you know," she would say, communicating a world of complaints she could make -- that is, if she wanted to be a complainer. On this day I was standing and reading the clipping from the New York Times that someone (I thought Gloria, but possibly another proud neighbor) had posted above the mailboxes in the back lobby. Gloria suddenly emerged around the corner from the elevator, walking haltingly, her mailbox key in her hand.

"Gloria," I exclaimed, "you must be so proud!"

She nodded, unsmiling, and sighed in that stoic way that was now so familiar to me. "Yeah..." then a long silence..."but I really wish she were married."

Oh, Gloria, I thought, not you too! The first woman to be dean of Harvard Law School, and all you can say is you wish she were married! She just shrugged at my protests, and shuffled away with her mail.

Afterwards, I thought about it. Maybe I was wronging Gloria. Maybe she was not like my mother but a feminist who wanted her daughter to have it all, a brilliant, fulfilling career and the profound satisfactions of the kind of marriage she had, that I also had had. Surely, It's complicated.

I know nothing of Elena Kagan's private life, nor should I. I've met her only a couple of times, and I have no idea why she's made the choices she has. But I do know that it's still harder for a woman than a man to reach such pinnacles professionally without making bigger personal sacrifices.

When Gloria died a couple of years ago, I took the elevator down to her apartment where her family was receiving callers. In that awkward way of making conversation after a death, I told Elena how proud of her Gloria had been, how she'd posted the notice of her Harvard appointment in the lobby for the whole building to see. I withheld her mother's comment. But I wasn't fooling anybody. With an eye-roll and a tone so reminiscent of her mother, our newest nominee to the Supreme Court of the United States said dryly, "My mother only wanted me to get married."

 
 
 

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When President Obama announced Elena Kagan's nomination to the Supreme Court this morning, he noted her previous important firsts: She was the first woman Dean of Harvard Law School and the first fem...
When President Obama announced Elena Kagan's nomination to the Supreme Court this morning, he noted her previous important firsts: She was the first woman Dean of Harvard Law School and the first fem...
 
 
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03:37 PM on 05/11/2010
Absolutely wonderful story! I guess Elena will just have to make do with what she has.
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02:57 PM on 05/11/2010
I'd wager growing up with a mother who didn't understand her, so fundamentally, helped to make her the strong person she is today. For those of us who have parents who do not understand/accept us it is a hard road to follow, but it does make you strong.

I say to this, BFD. Everybody has a cross to bear, and I am sorry Elena and her mother had a difficult relationship but all that does is prove to me that she is like most Americans-- B.F.D.
02:32 PM on 05/11/2010
Wow - some folks are naive!

I was in California the summer of Prop. 8, and believe me, for tens of millions of our countrymen, gay/not gay is the most important issue. For instance, Check out Merlin Bartz, the Iowa legislator who is throwing a screaming fit because married gay families will now be able to put more than one tent on their campsite in state parks, just like normal, human families.

It's insane, I know, and has no impact on their lives, but there it is. It's just like communism - had no effect on them, but their churches used the commie bogeyman to whip them into hysteria, because then you'll need a church to keep you safe. I don't know if I ever sat through a Mormon church meeting where I didn't hear some variant of "Only by following The Brethren can we safe from the evils of The World that would destroy us."

Now that the commies are no threat they've got another enemy who can infiltrate unseen - the Gays. The terror these churches inspire in their congregants is directly proportional to the terror of the church leaders that their grip on power is slipping.
01:33 PM on 05/11/2010
didn't her mother know that at least 50% of first marriages end in divorce, 67% of second and 74% of third marriages ? she has a job she loves, a career that engages her intellect and suits her personality - she looks pretty happy to me, like a person fulfilled and with friends - as a parent, that would be just about all I'd wish for my children -
02:14 PM on 05/11/2010
@ Commentator101 below. I am so tired of straight people saying they've never "announced" their orientation. That is total BS. Have you kissed your partner/spouse in public? If so, you've announced your orientation. Have you introduced your co-workers to your partner/spouse? If so, you've announced your orientation. Have you talked about going out on a date with someone using gender specific pronouns? Guess what, you've announced your orientation. Get a clue.
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Robin Whiteside
11:58 AM on 05/11/2010
Apparently, she IS married to a long term female partner. Listen, this post is no flame. I'm gay. I'm a big Obama Supporter. But if Kagan really is gay and is in the closet, I have a real hard time with that. How far have we come for this brilliant woman not to just be plaintive about it and move on? Brilliant or not, hiding yourself so you can slop through is a scary pathway to me.

No one's business? It isn't a big deal, but it is our business. If you can delve into "No Jews/No Black home division Bork lived, and if you can delve into pot smoking that the first Ginsberg did, lied about, and sunk his nomination...then that godawful Clarence Thomas debacle--an unqualified man who had a long history or sexual harassment, but he squeaked through--I think we're all animal crackers if we think it isn't dumb to nominate a CLOSETED person.

If she were not closeted, I would be celebrating in the streets. One thing we Dems do well is nominate brilliant qualified jurists. Kagan's up there. But this really bothers me, and makes me think a massive stick bomb is going to come out way. We Dems never learn. We think the other side will play fair. Ha!

Is this just me? Am I over-reacting? I just hate to see fellow/sister gays be closeted. There just isn't any reason to any more. Period.
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12:09 PM on 05/11/2010
Perhaps she just chooses to be private about her sexual orientation in order to "have it all." I think it is incorrect to say there isn't any reason to be "closeted," as you put it-- or "private" as I put it. The bias is still present. Once she sits on the S Ct, her work will speak for itself and her choice of a life partner will be irrelevant.
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12:26 PM on 05/11/2010
Well, if you REALLY know that (she is in a longtime gay relationship), I can only assume that Obama does too & is willing to try to get it thru, no matter. Doesn't sound right, however, unless his nuanced and slow DADT resolution strategy really implies that he thinks the Senate will be more tolerant than the military.
11:36 AM on 05/11/2010
Her mother would've probably said:" Eh, Supreme Court, Shmapreeme Court. With that salary....oy. Now your neighbor Sarah, she owns a supermarket and it makes a FORTUNE!
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02:08 PM on 05/11/2010
*FANNED!*
11:30 AM on 05/11/2010
I wonder how these parents who wish their kids were married would feel if their child married the wrong person and ended up bitter and divorced.
01:36 PM on 05/11/2010
They'd feel like "If it was good enough for me, it's good enough for them!"
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10:46 AM on 05/11/2010
Mother Nature has made us, as all other animals and women more than men, driven to propagation of the species and only intellectual reasoning makes other accomplishments more important. This is what Mama Kagan was expressing, unknowingly perhaps, to Ms. Russo, whose short description I find typical of the milieu and charming.
Whether Elena's sexuality was a serious worry to her mother is moot; it certainly should not be to us.
This leads to an interesting related question. Would there be as much concern, particularly in the fundamentalist Christian community, one might wonder, if an unmarried women was asexual rather than gay, a sexuality choice very often overlooked?
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12:13 AM on 05/12/2010
Being asexual is not a choice. Perhaps you're referring to celibacy, which is not the same thing.
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Ecoutez
10:34 AM on 05/11/2010
Too much emphasis is placed on marriage as an intrinsic thing in itself..instead of having the patience and faith to wait for a soul mate who has the potential to be your best friend. We don't marry the institution of marriage...we marry a living human being who has imperfections. Some self-introspection will alert us in the beginning to know ourselves first, and the specific things we discover that we either will put up with and others that we absolutely won't.
10:21 AM on 05/11/2010
I'm in my mid-30's. I've heard it said that my generation was the first to realize we can have it all just not at the same time. Previous generations had to sacrifice family in favor of career. For my generation, many of us choose to leave the professional world to focus on family. I'm working on a come back to full time employment.
What is needed is better support for families. In Canada women have a year of paid maternity leave. I've heard it was even longer in European countries. We need a system that allows women to give their children the attention they need early in life and allows these women a pathway back to employment.
Ladies, could you imagine the first year of your child's life free from financial stress? My child was colic, I had my hands full as it was. Would have been nice if society had my back.
12:29 PM on 05/11/2010
Good points all. thanks.
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ghs246
03:54 PM on 05/11/2010
the problem is that women are the only ones concerned about the family. if men were required to do more for the family besides pay the bills (which many are not even doing that), so many women wouldnt have to choose between family and career. isnt it true that women do so much for the home because no one else (even though there is another adult in the house) is gonna do it.
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Debby Carroll
Author, Raising Amazing Children
09:58 AM on 05/11/2010
I think the point of this post is neither to name drop or to "gossip" as some comments noted, but, rather, to point out that women are still challenged when it comes to free choice. It's possible that a mom might also wish her son were married, along with being successful but the pressures are not the same for men as they are for women. As a mom I'm guilty, too, but with an explanation. My girls are all teachers. One is married, the other two are single. I just want them to be fulfilled and happy and I must admit, I'd love to see them in loving relationships because I don't think they'll be happy alone. Does that make me old-fashioned? Maybe. Does it make me anti-feminist? Definitely not. Wanting them to have it all or at least to have all of life's choices is part of being their mother and that's not likely to change. Universally, moms want everything for their children and no less will satisfy us.
http://raisingamazingdaughters.wordpress.com
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ZenSufi
There is a secret in the Heart of Man.
09:56 AM on 05/11/2010
She's married to the Constitution. That's good enough for me.
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Robin Whiteside
11:59 AM on 05/11/2010
Great! Fanned!!
12:16 PM on 05/11/2010
So is John Yoo.
12:30 PM on 05/11/2010
Well, he doesn't know his marriage partner very well, then.
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eden4barack08
Watch out! He carries a big stick!
12:39 PM on 05/11/2010
Well, he was an abusive husband then, seeing as how all he did was shred it.
09:34 AM on 05/11/2010
I don't quite understand why an accomplished women has to give any explanation for her decision not to be married.

It is really no ones business about her sexuality and her personal life choices.

No one would think twice about this topic if she were a man.

Good for her is she wants to be single. SO WHAT. Why does anyone even care?
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eden4barack08
Watch out! He carries a big stick!
12:43 PM on 05/11/2010
I agree, except for one thing, this would be an issue even if it was a man. A never married 50 year old man would raise the same questions in our society...unfortunate, but true.
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02:22 PM on 05/11/2010
Possibly, but I do think an unmarried woman of a certain age takes so much more of the brunt of society's "concern" .... after all many people find it (gasp!) "so unnatural for a woman not to want to be a mother" when it boggles my mind that we'd ever expect 100% of a gender to want the exact same things out of life, and to all be equally equipped and adept at doing those things.
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gleannfia
09:04 PM on 05/11/2010
When Bush senior nominated David Souter for the SC in the early 1990's, there was talk of the never-married 50-something juror as Washington's most eligible bachelor. I do no recall speculation about his sexual orientation.
09:14 AM on 05/11/2010
Gibbs says Kagan's personal life is "DADT": http://donofriodoodles.blogspot.com/2010/05/dont-askno-seriously-dont-ask.html
09:04 AM on 05/11/2010
"I love my son dearly."