{"id":18648,"date":"2010-05-10T11:00:22","date_gmt":"2010-05-10T17:00:22","guid":{"rendered":"http:\/\/proteinwisdom.com\/?p=18648"},"modified":"2010-05-10T11:00:22","modified_gmt":"2010-05-10T17:00:22","slug":"kagans-anti-fabulousness","status":"publish","type":"post","link":"https:\/\/proteinwisdom.com\/?p=18648","title":{"rendered":"Kagan&#039;s anti-fabulousness"},"content":{"rendered":"<p><a href=\"http:\/\/ace.mu.nu\/archives\/301411.php\">Stealth<\/a> <i>this<\/i>, bitches!<\/p>\n<p>From <a href=\"http:\/\/legalinsurrection.blogspot.com\/2010\/05\/supreme-irony-kagan-nomination-ends-gay.html\">Legal Insurrection<\/a>:<\/p>\n<blockquote><p>The meme has taken hold that Kagan is a stealth candidate who has avoided taking positions on important constitutional or other issues throughout her career.<\/p>\n<p>But on one issue of critical importance to the left &#8212; the constitutional right to same-sex marriage, Kagan has staked out a very clear and unequivocal position: There is no constitutional right to same-sex marriage.<\/p>\n<p>In the course of her nomination for Solicitor General, Kagan filled out <a href=\"http:\/\/judiciary.senate.gov\/nominations\/111thCongressExecutiveNominations\/SolicitorGeneral-ElenaKagan.cfm#QFRs\">questionnaires<\/a> on a variety of issues. While she bobbed and weaved on many issues, with standard invocations of the need to follow precedent and enforce presumptively valid statutes, on the issue of same-sex marriage Kagan was unequivocal.<\/p>\n<p>In response to a question from Sen. John Cornyn (at<a href=\"http:\/\/judiciary.senate.gov\/nominations\/111thCongressExecutiveNominations\/upload\/Kagan-QFRs.pdf\"> page 28<\/a> of her Senate Judiciary Questionnaire), Kagan stated flat out that there was no constitutional right for same sex couples to marry (emphasis mine):<br \/>\n<tt><br \/>\n1. 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.<\/p>\n<p>a. Given your rhetoric about the Don\u2019t Ask, Don\u2019t Tell policy\u2014you called it \u201ca profound wrong\u2014a moral injustice of the first order\u201d\u2014let me ask this basic question: Do you believe that there is a federal constitutional right to samesex marriage?<\/p>\n<p>Answer: <strong>There is no federal constitutional right to same-sex marriage.<\/strong><\/p>\n<p>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.<\/p>\n<p>Answer: I do not recall ever expressing an opinion on this question.<\/tt><\/p>\n<p>This doesn&#8217;t mean that Kagan opposes gay marriage. But she clearly believes it is a matter for the political process, not a constitutional right.<\/p><\/blockquote>\n<p>Which naturally raises the question:  why does Obama so hate freedom?  And the gays &#8212; even when his nominee is <a href=\"http:\/\/bench.nationalreview.com\/post\/?q=YTY2MTNiMGRjY2VkNDk0Yzc2ZTg3NTMyYjVkNGVjNTQ=\">pretending not to<\/a>?<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Stealth this, bitches! From Legal Insurrection: The meme has taken hold that Kagan is a stealth candidate who has avoided taking positions on important constitutional or other issues throughout her career. But on one issue of critical importance to the left &#8212; the constitutional right to same-sex marriage, Kagan has staked out a very clear and unequivocal position: There is no constitutional right to same-sex marriage. In the course of<\/p>\n<div class=\"belowpost\"><a class=\"btnmore\" href=\"https:\/\/proteinwisdom.com\/?p=18648\">Read More<\/a><\/div>\n","protected":false},"author":9196393,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-18648","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=\/wp\/v2\/posts\/18648","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=\/wp\/v2\/users\/9196393"}],"replies":[{"embeddable":true,"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=18648"}],"version-history":[{"count":0,"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=\/wp\/v2\/posts\/18648\/revisions"}],"wp:attachment":[{"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18648"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18648"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/proteinwisdom.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18648"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}