Live and Let Live?

May 15th, 2010

Inspired by right-wing radio talker Austin Hill’s insightful (or is that inciteful?) comments about Elena Kagan’s sexuality and DADT.

“It doesn’t seem like Ms. Kagan is live and let live on these issues. It seems as though, for her, sexual identity, sexual orientation trumps everything. And we damn well have a right to know about that.” – Right-wing Boise talk radio host Austin Hill arguing that Kagan’s sexual orientation is an important issue because she enforced Harvard’s anti-discrimination rules by prohibiting the US military recruitment through the career services office while Dean of Harvard Law School (When sexual orientation becomes disorienting, Washington Post 5/14/10)
“All that is necessary for the triumph of evil is that good men do nothing.” – Edmund Burke

First of all, it’s absurd to suggest that Kagan must be gay

Because she Harvard Law’s anti-discrimination rule didn’t disobey,

Or that she must be “playing for the other team”

Because her views are so “extreme.”

As Dean, Kagan was enforcing Harvard’s anti-discrimination rules,

Which were also adopted by many other law schools.

Nor were her actions as extreme as Hill decries–

Kagan even worked out a compromise.

The military was allowed to recruit via the school’s Veterans Association

(Nowhere near an insurmountable limitation).

They just weren’t allowed to use the school’s Career Services center,

So if they didn’t want to deal with Kagan they could still circumvent her.

Nor is it true she “took a position and the Supreme Court ruled unanimously that she was wrong” as John Barrasso claimed on Fox News.

She followed Harvard’s policy, then changed it when Congress and the Supreme Court said Harvard had to, federal funds to continue to use.

Now, even the generals think the policy was wrong,

So it turns out Kagan and Harvard were right all along.

But the point that I most want to address

Is the issue that appears to cause Austin Hill such distress.

He criticizes Harvard’s intolerant lawyers

For treating the military like other discriminatory employers.

How intolerant Kagan was, enforcing the rules

Then in force at Harvard and other law schools.

How intolerant for Harvard to oppose bigotry

Committed by the politically powerless military.

Why couldn’t Kagan just be “live and let live”

Or like Austin Hill, forget and forgive?

It’s like those damned Jews who keep bringing up

The anti-Semitic hate groups that keep springing up.

Or those damned blacks who just won’t let go

Of being lynched when they refused to whites to kowtow.

Should we also be “live and let live” with the Klan,

Since they represent the misunderstood racist white man?

I’m sure Austin Hill often forgives and forgets

That gays are still subject to violent threats.

I’m sure Austin Hill doesn’t choose to remember

The anti-gay law his friend Rick helped Uganda pass in December.

I’m all for the philosophy that Hill proposes,

Although not the bias that he thereby discloses.

Bigotry should not be tolerated, as he seems to imply,

And bigoted ideologies should be allowed to just die.


Here’s your theme music, Live and Let Die by Paul McCartney and the Wings from the movie soundtrack (here are the movie’s opening credits and the song). I saw this in the theater (my first James Bond movie) on my 13th birthday, and I still remember the naked women… (I put that in for you Austin, just so you wouldn’t assume I too am gay because I favor repealing Don’t Ask Don’t Tell.)


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