I have seen the concern of same-sex marriage and Elena Kagan response on a questionnaire for Solicitor General. On page 28 a question for Senator John Cornyn She was asked:
“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?”
Her answer was simple, “There is no federal constitutional right to same-sex marriage”
Part b was, “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.:”
Her answer was also a one sentence response, “I do not recall ever expressing an opinion on this question.”
Does this mean she apposes marriage equality? No it simply means it is not a constitutional right. The same could be asked of opposite-sex marriage and the answer would the same. The constitutional question is of equality. If you provide benefits or laws that recognize opposite-sex marriage than they should also recognize same-sex marriage.
I don’t really see the concern for the up coming Proposition 8 case heading to the Supreme Court.
Besides the American Family Association is worried that she might be a Lesbian wanting the media to determine this for everyone. I am wondering if we are going to have FakeNews showing some women on women actions to prove her sexual orientation….