The Big Tease - When a national magazine (other than the Enquirer) puts the words "Is there a gay man on the Supreme Court?" on its cover, how much do you suppose it needs to know about the answer to that question? And should that answer be "no"?

The Advocate puts speculation about the private life of Bush Sr.-appointee Justice David Souter in banner type, then carries the story inside where the lead article speaks of "rumors about .. Souter’s personal life." But there's no explosive scoop or investigative expose. The best we have are 13-year-old whispers by "Republican Party officials" surrounding Souter's original nomination in 1990, combined some more recent speculation the extent of which can be summed up in this paragraph:

Justices seldom discuss their personal lives, and Souter never addressed the speculation. But some have speculated that justices’ private musings about Souter’s sexual orientation have elevated the level of debate about gay rights and the law. “David Souter isn’t gay, as far as anyone knows, but there’s enough speculation about it that his fellow justices have to be a little more careful about what they say, at least in his presence,” says a veteran observer of the court who didn’t want to be quoted by name. “There’s enough vagueness about him as a bachelor in this regard to raise the level of debate. Even something that’s nothing more than rumor can change the equation. Why would conservatives want to risk alienating him and losing his vote forever?”

So what we have here is an unnamed person's speculation about other people's speculation about Souter. That's pathetic journalism. Disgusting, really, and less that what I expect from senior Washington correspondent Chris Bull.

I'm much more impressed by those gay clerks who have served at SCOTUS and are willing to go on the record about it. Okay, one clerk: out lesbian professor Chai Feldblum who worked for Harry Blackmun. The story also mentions a former Blackmun clerk but doesn't name him. I myself have heard of stories about a certain law school dean who clerked for the fateful swing voter on the Bowers catastrophe, but to my knowledge he's never come forward publicly. The other interesting anecdote about the Court's brushes with gayness is the story of an elderly gay couple who lived next to Chief Justice Rehnquist for a number of years (just down the road in Arlington). That's all fine and dandy, but if you're gonna make accusations about Souter, you better be able to deliver the goods, Mr. Bull.