The gay blog Towleroad doesn't really care whether or not Supreme Court nominee Elena Kagan is gay or straight. What matters is the record of staunch "LGBT" liberalism. Apparently, outing is only for "anti-gay" people: "The other question is, why do CBS (and other mainstream outlets) lose the balls when politicians actually deserve to be outed for voting hypocritically on issues that actually affect people's lives?"
Kagan has also done some notable work on LGBT rights litigation. Her most significant work is on the Solomon Amendment, legislation that withholds federal funds from colleges and universities when they ban military recruiters because the military’s Don’t Ask, Don’t Tell policy conflicts with many universities’ antidiscrimination policies. As dean, Kagan supported a lawsuit intended to overturn the legislation so military recruiters might be banned from the grounds of schools like Harvard. When a federal appeals court ruled the Pentagon could not withhold funds, she banned the military from Harvard’s campus once again. The case was challenged in the Supreme Court, which ruled the military could indeed require schools to allow recruiters if they wanted to receive federal money. Kagan, though she allowed the military back, simultaneously urged students to demonstrate against Don’t Ask, Don’t Tell.
Throughout the controversy, Kagan maintained contact with Harvard Law School’s LGBT community. She attended a meeting of the student group Lambda and spoke with its leaders. Kagan has shown her commitment to advocating for LGBT rights, and it seems clear that Kagan’s experience battling Don’t Ask, Don’t Tell on campus demonstrates she understands the needs of Harvard Law’s gay and lesbian community.