Obviously, putting a lesbian on the court (or a gay man, for that matter, although none appear to be under consideration) would mark a wonderful step forward for the country. But is it politically possible?
The obvious, first-glance answer is that it would be a political minefield. But the more I think about it, the more I am convinced that it would be eminently doable. And not only doable: It's even plausible to envision a scenario where it ends up helping Democrats by damaging conservatives...
As the gay rights battle has come to center more and more on the specific question of marriage, conservatives have frequently insisted that they are not anti-gay, just opposed to gays getting married. Conservatives are attached to this distinction because they know that, without it, they end up looking like bigots. But if they decide to make an issue of a Supreme Court nominee's sexual orientation, they would effectively be conceding that this distinction was a lie.
Just goes on to add that the gay marriage question could get sticky. Simple: just have the prospective Madam Justice say that she supports it, but that it's up to the states. But Just gets exactly right what one of the potential outcomes could be: blowing the roof off of rampant homophobia on the right. I think this could potentially be a watershed moment for gay rights. I suspect that, if this becomes a real possibility, the right will be practically begging for Sonia Sotomayor before all's said and done.
