May 10, 2010 at 12:47 pm EDT | by Peter Rosenstein
Elena Kagan: A Great Nominee

I join with many others in applauding President Obama’s choice of Elena Kagan to be his nominee to the Supreme Court.

I think for the LGBT community, she is a great choice even though she is considered a moderate. She clearly is a brilliant attorney and scholar — and she understands the broad scope of issues that American’s are facing from her life experiences.

Having not been a justice before, she has few public opinions that we can look at. She did say during her hearings for solicitor general that she did not believe there is a constitutional right to same-sex marriage. But I for one don’t believe that will be an indicator on how she will vote on the issue, depending on what form it reaches the court.

She stood against the so-called Solomon amendment, which required universities that received federal funding to cooperate with the military recruiters on campus, and filed a friend of the court brief opposing it. In the brief, she argued that the ban on gays in the military violated the law school’s right to prohibit employers who discriminate on the basis of sexual orientation from getting help from the school to recruit. Kagan further stated that the military’s ban on gays was, “a moral injustice of the first order.”

We have often found that once on the bench, Supreme Court justices surprise us and the president that nominates them. But Kagan’s life experience — growing up in New York, her clerkship for Supreme Court Justice Thurgood Marshall, her time in the Clinton administration and her time at Harvard University — can only lead me to think that in the years to come the LGBT community will believe that Justice Kagan is a great asset to the court.

  • Christ of the Andes, Rosenstein! Have you been in a COMA the last 15 months during which the “moderate,” “gay friendly,” anti-DADT Dean of Harvard Law School transmorgified at the behest of her newest Master into someone who declared that there is no constitutional right to same-gender marriage, who defended Bush’es Constitution-raping “Patriot Act” to the Supremes, who also told them that DADT is AOK, is constitutional because it is “RATIONALLY related to the government’s LEGITIMATE interest in military DISCIPLINE and COHESION”—the SAME argument used repeatedly by John McShame and Elaine Donnelly and the Marine Commandant who’s afraid straight Marines would rather die than share barracks with a gay Marine just like his predecessor 69-years before said the same thing about white Marines vs. “Negro” Marines and Gen. Write Congress & Tell Them Not to Repeal DADT Mixon and Gen. Gays Are Immoral Pace and the old dinosaur who blamed GENOCIDE in Bosnia on really nelly Dutch gay troops.

    Kagan has “also agreed that an American citizen could be prosecuted for drafting a legal brief or writing a newspaper article in coordination with a banned group.” – LA Times. No wonder arch Repugs like Lindsey Graham and the fascistic Federalist Society think she’s swell.

    “Kagan would shift the Court substantially to the Right on a litany of key issues (at least as much as the shift accomplished by George Bush’s selection of the right-wing ideologue Sam Alito to replace the more moderate Sandra Day O’Connor).” – Glenn Greenwald, GAY Salon columnist, attorney, and civil liberties expert.

  • Kagan is an acceptable choice. There is little cause for cheering, however.

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