Unless you live under a rock you know that President Obama will be nominating “rumoured lesbian” and U.S. Solicitor General Elena Kagan to the Supreme Court.
But while the The Human Rights Campaign praises to high heaven Obama’s nomination of Kagan. Kagan’s answer on a questionnaire for her confirmation as Solicitor General before the Senate Judiciary Committee on gay marriage might spell doom for us and the Olson-Boies federal challenge to Proposition 8.
In response to a question from Sen. John Cornyn (at page 28 of her Senate Judiciary Questionnaire), Kagan stated flat out that there was no constitutional right for same sex couples to marry (emphasis mine):
This doesn’t mean that Kagan opposes gay marriage. But she clearly believes it is a matter for the political process, not a constitutional right.
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 samesex marriage?
Answer: There is no federal constitutional right to same-sex marriage.
b. Have you ever expressed your opinion whether the federal Constitution should be read to confer a right to same-sex marriage? If so, please provide details.
Answer: I do not recall ever expressing an opinion on this question.
Oy Fucking Vey!
Can we catch a break here PLEASE?