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Elena Kagan Isn’t Going to Tell You What She Thinks About Gay Marriage

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?

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  • slobone

    She had to come clean about DADT because she was subjected to intensive — dare I say obsessive? — questioning by Republicans on her actions as dean. But I guess there’s never been a necessity for her to come out about her opinions on gay marriage…

  • Michael @

    1. So soon you forget. She already said during her confirmation hearings for Solicitor General that she doesn’t believe there’s any constitutional right to “gay marriage.”

    2. And, YET AGAIN, one must point out the fact that her actions re DADT did not end when she left Harvard. As SG, she DEFENDED DADT as constitutional in a 12-page brief to the Supreme Court last May succeeding in getting the case of Jim Pietrangelo killed.


    @Michael @ She correctley pointed currently there is no constitutional right to Gay marriage. That is 100% true. She did not say she is against Gay marriage.

    What she actually did was brilliant. She gave the rightwing lunatics something they thought they wanted to hear. While keeping her own opinion to herself……….

  • CJ

    A lot of “unknowns” about Kagan, even though she leans liberal/progressive.

    It is interesting how even liberals are unsure about her views on many topics.

    Personally, I don’t think that liberals/progressives need to fret. My guess is that she is more in favor of gay rights than Obama.

  • Michael @


    Pull your head out of her ass! She’s confusing “constitutional right”…which is an absolute ….with RECOGNITION of such right by the powers that be. See “Dred Scott,” “Bowers v. Hardwick” verus “Lawrence v. Texas,” et al.

  • Lanjier

    I really really like her. I know she is going to be great. I know in my heart.

  • tjr101

    I have a gut feeling she’ll go hard left on the supreme court which is precisely what the country needs on that bench.

  • Sceth

    @Michael @ Courts control all authority to interpret all legal constructions, including rights. These interpretations change. Your absolutism will not stand in court.

  • Samwise

    I have a sneaking suspicion she offered an opinion on DADT while staying quiet on gay marriage because gay marriage is more controversial, whereas DADT is on its way out and will soon be a non-issue. Moderate liberal politicians do that all the time.

    @tjr101: I hope you’re right, but I’m not holding my breath.

  • Cam

    I love how Congress complains that prospective judges won’t answer their questions during these hearings. However, Congress has ONLY ever punished people for being honest about their opinions. If other kids see a teacher smack a student for answering a question, those students will not make the same mistake. If anybody, ever, had been rewarded for sharing their opinions about their judicial views in these hearings nominees would be more forthcoming. But since the only reason congressmen are asking the questions are to find reasons to vote against you, nobody is ever going to give them a straight answer.


    @Michael @ bout growing up a bit???? instead of immmediatley reverting to shcoolyard bullshit and beginning to hurl insults when they disagree instead of trying to make a mature comment……..

    And again she was 100% accurate. There is no right to Gay marriage currently in the United States constituion. She did not say she was against it, she simply stated a fact……..

  • concernedcitizen

    She remained silent on the issue of gay marriage so to not prejudice herself if she sits before a case such as the Perry Prop 8 in which she would be presiding, DADT however has already passed legal muster there will be no cases challenging the legitimacy of DADT therefore she can speak freely about it.
    THe courts can’t repeal DADT, congress has to do that so she’s in no danger by being blunt and honest on that topic.

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