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A week ago, Ben Domenech wrote a blog post about ten candidates rumored to be on the short list of nominees for replacing John Paul Stevens on the Supreme Court. Then CBSNews. Kagan as gay is innaccurate.

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The scramble among media in 21st century to find a balance between politics-based journalism and opinion and maintaining a semblance of traditional mainstream media journalistic standards and image continues — with CBS being the latest news organization to be badly stung in a tale of blogging standards or lack of them negating traditional news publishing standards. The controversy: the White House insisted she was not gay, CBS dug in its heels and stood by Domenech, until it got an email from him — and then pulled the column and apologized. This is a telling issue on several fronts.

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She definitely dated when she was in D. The rumor about Kagan has circulated for months on gay blogs and became a matter of controversy when it was cited as fact by a conservative blogger on the website of CBS News, drawing a sharp White House rebuttal. It has, since, been a source of particular fascination in some socially conservative circles and particularly among gay and lesbian political observers, some of whom objected volubly Tuesday to a Wall Street Journal cover image of Kagan playing softball, which they perceived as a jab at a stereotype of lesbians.

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Leading gay rights group are accusing Republicans of trying to rile up their conservative base by launching a whisper campaign against potential Supreme Court Justice Elena Kagan -- suggesting the current Solicitor General is a closeted lesbian even though she's not. In its first entree into the upcoming Supreme Court nomination process, the group Human Rights Campaign blasted the increasingly public discussion of Kagan's sexuality, calling it a play "straight out the right-wing playbook. And the bottom line is, it doesn't matter and it shouldn't matter," she said. And I think it could certainly be used, or be perceived to be used by some as a way to discredit [Kagan], even though we all know that it does not matter and it should not matter.

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Elena Kagan 's name was on nearly every shortlist that was published in the days following Justice John Paul Stevens' announcement that this term would be his last on the Supreme Court. In the weeks that followed, there was a fair amount of speculation about Kagan's sexual orientation. CBS blogger Ben Domenech wrotealmost in passing, that she would be the "first openly gay justice.

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It began, seemingly innocently enough, with a grainy black and white photograph of a woman smiling broadly and preparing to swing a bat in a game of softball. The picture was placed on the front page of Tuesday's Wall Street Journal and featured Elena Kagan, who the day before had been nominated by Barack Obama to join America's top court. But from that single photograph, combined with a two-line caption, has sprung a welter of debate this week about Kagan's sexuality, and the specific question: is she gay?

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Obama administration officials said Kagan isn't a lesbian and issued a strong rebuke of CBS, which republished Domenech's article, saying it was enabling "people posting lies. Watch Elena Kagan talk about women on the Supreme Court. The rumors need to stop: Kagen's sexual orientation and she's apparently straight should be a "nonissue," say Emily Bazelon and Dahlia Lithwick in Slate.

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But few people are talking about her qualifications. They only want to know if she's into the ladies. Let's look at the facts, shall we? She's never served as a judge before, which means she doesn't have a judicial record to consider.

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This looks bad. If she is gay, and a news outlet finds proof, the White House has basically disqualified her for the Supreme Court by making a lie part of her fundamental story and by making it seem like being gay would somehow make her unfit for the role. The reason this is a rumor in the first place is that many members of the Harvard community who knew Kagan while she was the dean of the law school there really do believe Kagan to be gay, and to have a partner.

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AS LONG as there has been gossip about people in public life, there has been a debate about the relevance of a very private matter — sexual orientation. But in an era when the internet can amplify a whisper to a roar, an arched eyebrow to a slander, the politics that drive such speculation can matter more than the facts. So it was that the process of filling the latest US supreme court vacancy produced a first: the White House declared publicly, even before President Obama nominated Elena Kagan, that she is not a lesbian.

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