I may be missing something here but the Wingers are already going on about how will Elena Kagan's Lesbiality affect her Senate confirmation to the Supreme Court.
If she is a Lesbian, I think she should say so. I don't think it should make any difference one way or another in the confirmation process.
I'm unaware that she has ever stated that she is a lesbian. She should no more be presumed to be Gay than Lindsey Graham, Mitch McConnell, Heather Wilson, Meg Whitman, Carly Fiorina, Ann Coulter, Charlie Christ, My own Congress person, Dana Rohrabacher or any number of closeted Republican homosexuals in public life. As far as I know, the only out Gays in politics are Democrats, like Barney Frank and Henry Waxman.
Nobody made a big deal about Gay Republican Supreme Court nominees David Souter or Chief Justice John Roberts during their confirmations and their sexual preference was no big secret.