In other words, what a person does in the privacy of their own bedroom is none of our concern?
BS. Total unadulterated BS.
Besides, who here wants a return to DA/DT?
That is unacceptable BS too.
The essential virtue needed in every judge, though, is an exact and firm sense of justice. And here Kagan fails. Kagan thinks "discrimination against gays and lesbians" is inherently morally wrong and an injustice. She apparently is blind to the fact that open homosexual conduct is incompatible with military decorum and discipline, and that sexual deviants should not be put in proximity with squads of young men(or women), let alone be in a chain of command. So no, I'm not going to demand to know with whom, or in what way she satisfies whatever sexual appetite she may or may not have.
And yes, I do want to keep the whole gay agenda out of the military.