I don't care if Scalia is gay

So why is everyone so preoccupied with what Supreme Court nominee Elena Kagan might or might not be doing in the privacy of her bedroom, and with whom?

First of all, the Daily Beast has reported that Kagan's friends say that she is not gay. But why did the question arise in the first place?

Is it because she is a single woman? If that's the case, why wasn't sexual orientation an issue during Condi Rice's confirmation hearing?

If Kagan's sexual orientation (imagined or otherwise) remains an issue, then we would need to be fair and explore the sexual orientation of every future Supreme Court nominee. No exceptions. After all, a lot of married men turn out to be gay. (Hi, Ted Haggard! Hi, Larry Craig!)

But shouldn't we focus instead on the important stuff, like a nominee's judicial philosophy?

Oh, right. Judicial philosophy isn't the stuff the sells the tabloids or interests the Fox News audience.