Koch: Kagan a Good Example for ENDA

Former New York City mayor Ed Koch says White House officials should have denounced the inquiry over Supreme Court nominee Elena Kagan's sexual orientation rather than simply say she is not a lesbian.

By doing so, he wrote in The Huffington Post on Tuesday, the Obama administration "is implicitly stating sexual orientation is a legitimate issue of discussion in the confirmation process."

He added that the talk about Kagan's sexual orientation may bring more attention to Massachusetts representative Barney Frank's Employment Non-Discrimination Act, which has 198 cosponsors in the House. Oregon's Jeff Merkley is sponsoring the companion bill in the Senate, which has 45 cosponsors.

"Only 20 states in the Union -- New York being one of them -- have such legislation," Koch wrote. "The current debate regarding Ms. Kagan's candidacy demonstrates the imperative of passing such legislation. How many U.S. Senators now considering Ms. Kagan's nomination will vote for such legislation? Write to yours and let's find out. Also, ask your member of Congress."

On another topic, Koch asserted that the boycott of Arizona by the Los Angeles city council (as well as some rumblings from New York lawmakers) is contradictory to previous actions in California.

"If California and New York City go the way of boycott, shouldn't California be boycotted for having supported Proposition 8 which took away the right of same-sex couples to marry?" he wrote. "Forty years ago, New York State voted down the Equal Rights Amendment, which constitutionally would have provided women with all of the rights accorded to men. Should women then throughout the nation have boycotted New York State?"