During confirmation hearings Elena Kagan should be asked if she is a lesbian. But not for any reason other than to find out if she has a significant other. If she does, that information is germane to the procedure, just as it is when confirming a heterosexual.
Kagan cannot allowed to be stealth in this regard. Her being a lesbian should not keep her from becoming a judge. But say her partner is, let’s say, Angela Davis, that would be a very big deal, and it’s information that we would have the right to know about.
A heterosexual’s spouse is fair game, a homosexual’s partner is too. I’m afraid that this issue is relevant and must be pursued.