Good. I’m pleased Elena Kagan was quizzed on same-sex marriage — here by Sen. Chuck Grassley, the Iowa Republican — and states’ rights to set their own marriage rules. Kagan did not answer them, citing the Perry Prop 8 trial that’s likely headed her (eventual) way, though I’m not sure she would have answered that question anyhow, or at least not in any certain terms. But it’s a question that needed asking.
What is curious, however, is Kagan opted to stay quiet on same-sex marriage, but earlier this week weighed in with her thoughts on Don’t Ask Don’t Tell. Namely, that she doesn’t like it.
That response to questioning comes even though there is also a lawsuit snaking through the courts about this issue. Perhaps because her position on DADT, made during her stint as Harvard Law president, was already so well known she merely reiterated what’s already public record?