Tuesday, May 11, 2010
While the left and the right remain bitterly divided on President Obama’s nomination of U.S. Solicitor General Elena Kagan to fill the seat on the Supreme Court currently occupied by retiring Justice John Paul Stevens, one issue of critical importance to the gay community is the constitutional right to same-sex marriage, and the stealth-like Kagan has made her views on the issue unequivocally clear: There is no constitutional right to same-sex marriage.
Elena Kagan — long rumored to be a lesbian says there is no constitutional right to marriage equality. This isn’t to say Kagan personally opposes marriage equality but, she clearly believes it is a matter of political process versus a constitutional right.
This startling information was gleaned from her nomination for U.S. Solicitor General when Kagan filled out questionnaires on a variety of issues. While she bobbed and weaved on many issues, offering safe responses which support the legal requirement to follow precedent and enforce presumptively valid statutes, on the issue of same-sex marriage Kagan was unequivocal.
In a response to a question from Texas Sen. John Cornyn, Ms. Kagan stated flat out that there was no constitutional right for same sex couples to marry:
1. As Solicitor General, you would be charged with defending the Defense of Marriage Act. That law, as you may know, was enacted by overwhelming majorities of both houses of Congress (85-14 in the Senate and 342-67 in the House) in 1996 and signed into law by President Clinton.
a. Given your rhetoric about the Don’t Ask, Don’t Tell policy—you called it “a profound wrong—a moral injustice of the first order”—let me ask this basic question: Do you believe that there is a federal constitutional right to same-sex marriage?
Elena Kagan answer: There is no Federal constitutional right to same-sex marriage.
Kagan’s position on marriage equality may endear her to social conservatives but such her position could spell doom for the chance of success for the Federal lawsuit filed by David Boies and Ted Olson to have California’s Proposition 8 voided and declared unconstitutional.
Still support her nomination to the High Court?
SOURCE: Legal Insurrection