While other oft-mentioned contenders to succeed Justice John Paul Stevens—who announced he will be retiring from the court this summer—are federal judges with dozens of published opinions for Republicans to dissect, Ms. Kagan hasn't served as a judge. Her academic career, most recently as dean of Harvard Law School, has focused on less controversial legal questions. Some of her most important views likely have been delivered privately to the White House. As solicitor general, she has been intimately involved in crafting the Obama administration's legal positions for more than a year.
Is Elena Kagan an ‘Ex-Gay’?
Elena Kagan, Religion, and the Supreme Court - Om Sweet Om
The disturbingly radical pro-gay activism of Obama's latest Supreme Court nominee Elana Kagan while she was Dean of Harvard Law School is now starting to come to light. The following month, she 2 appeared at the Harvard "Lambda Conference" bashing the military's policy of excluding open homosexuals in its ranks. Then in she 3 was a moderator at a major Harvard Gay and Lesbian Caucus event. It's one thing for, as LBJ said, a "pin-headed Harvard liberal" to do things like that. That's not really news. But this is now about the United States Supreme Court -- and probably will affect another quarter century of decisions! Now it becomes a little chilling.
Is Elena Kagan gay or straight?: Bloggers on the internet debate over the Supreme Court nominee
But few people are talking about her qualifications. They only want to know if she's into the ladies. Let's look at the facts, shall we? She's never served as a judge before, which means she doesn't have a judicial record to consider. That also means her confirmation hearing is probably going to be dominated by rumor and speculation.
In , while seeking confirmation as solicitor general, Elena Kagan gave a seemingly forthright written response when asked in writing by Sen. John Cornyn: "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? Not much wiggle room there, you might think. Indeed, some Kagan supporters have cited this response in denouncing suggestions by critics that she might support a new right to same-sex marriage. So can we chalk Kagan up as a vote against same-sex marriage when she faces the issue as a justice?