I don't think so. But I'm curious what others think, especially those who think it does matter. If you do think it matters, how far would you take the inquiry?
(1) Should Elena Kagan or the White House disclose her sexual orientation in a public statement?
(2) If she (or the WH) doesn't, should a Senator ask about it at her confirmation hearing?
(3) If she says that is not a matter she will discuss, or says that she has no defined sexual orientation, should the Senate seek evidence (testimony of former partners, appearance at bars, magazine subscriptions, etc) to produce evidence of what it might be?
(4) Should her refusal to discuss it be a consideration in whether a Senator should vote to confirm or reject her nomination?
(5) Is sexual orientation, per se, relevant to a nominee's duties as a justice?