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No Out Lesbians on Court Short List


Despite the hopes of LGBT activists, a leaked short list of potential Supreme Court nominees does not contain the names of any out lesbians.

The list, which MSNBC's First Read published on Monday and attributed to a "couple of sources in the know," contains the following six names: Judge Diane Wood of the U.S. court of appeals for the 7th circuit; Solicitor General Elena Kagan; Judge Sonia Sotomayor of the U.S. court of appeals for the 2nd circuit; Michigan governor Jennifer Granholm; Department of Homeland Security secretary Janet Napolitano; and Judge Merrick Garland of the U.S. court of appeals for the D.C. circuit.

Since Supreme Court Justice David Souter announced on May 1 that he would retire at the end of the court's current term, LGBT activists have hailed the public discussion of two out lesbians, former Stanford Law School dean Kathleen Sullivan and fellow Stanford law professor Pamela Karlan, as potential nominees. Hopes were especially strong given the disappointment from some quarters that President Obama, who will select the Supreme Court nominee, did not pick any openly gay people to serve in his cabinet.

Napolitano has long been the subject of gay rumors, despite publicly declaring in 2002 that she is not gay.

Kagan is not out, though several blogs have suggested she has a female partner and that her sexual orientation is an "open secret" at Harvard Law School.

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Reader Comments
  • Name: TConde
    Date posted: 5/13/2009 10:24:00 PM
    Hometown: DC

    Comment:

    Uh, no, Johannes. I can tell Kagan apart from Karlan, but thanks for your help anyway. Kagan is openly gay.

  • Name: Johannes
    Date posted: 5/13/2009 12:32:00 PM
    Hometown: California

    Comment:

    In response to Tony Conde's post: you are thinking of Pam Karlan, not Elena Kagan. Did YOU not check your facts?

  • Name: Tony Conde
    Date posted: 5/13/2009 10:29:00 AM
    Hometown: Washington

    Comment:

    This reporting is atrociously bad. Elena Kagan IS an out lesbian. Did you not check your facts? Did you not pick up the phone and call anyone? Truly, this is why the Advocate needs to go out of business, or stick to running puff pieces on Lance Bass and stop calling itself a newsmagazine.

  • Name: Dameon
    Date posted: 5/13/2009 9:48:00 AM
    Hometown: Phoenix

    Comment:

    Napolitano may not be out, but it's been a relatively open secret in Arizona that she is gay. (At least to the GLBT community and the Dems overall) That wouldn't go over well in Arizona politics as a whole though so she stayed closeted. She continues to play it safe because she may yet come back and run for Senator one day here after her time in the Obama administration is done. However, if she gets appointed to SCOTUS, which is a lifetime appointment, she may very well come out not too long after.

  • Name: Jelly
    Date posted: 5/13/2009 9:40:00 AM
    Hometown: Washington

    Comment:

    I'm surprised there has been no discussion that David Souter has, for a long time, been presumed to be gay. I live in DC, and it is known widely here that Souter shares a home with a long-term male companion. Why the total absense of any discussion about Souter's personal life in the media? To me, it makes his sexuality seem all the more conspicuous.



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