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Elena Kagan 2009: “There is no federal constitutional right to same-sex marriage”
legalinsurrection.com ^ | june 24, 2015 | william a. Jacobson

Posted on 06/28/2015 8:58:36 PM PDT by lowbridge

I hate trying to predict court rulings, but the political winds have changed dramatically the past few years, so if I had to bet, I’d bet that the ruling is 5-4 for gay marriage. [Warning – my bets tend to be counter-indicators.] Don’t think for a second that politics and public opinion doesn’t influence such historic cases.

I also expect Elena Kagan to be one of the five, based on her comments during oral argument, via NY Times:

-snip

So, before the decision is released, it’s worth revisiting Kagan’s 2009 testimony before the Senate during confirmation hearings on her nomination to be Solicitor General.

In the course of that testimony, Kagan stated:

“There is no federal constitutional right to same-sex marriage”

I came under some criticism in May 2010, when Kagan was nominated for the Supreme Court, for taking Kagan at her word.  Claims were made that I took the sentence out of context, was naive, or shamefully deceptive. I’ll plead guilty to being naive, but I didn’t take her sentence out of context, shamefully or otherwise. Matt Vespa’s 2013 post at PJ Media summarizes the back and forth.

-snip

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 same sex marriage?

Answer: There is no federal constitutional right to same-sex marriage.

(Excerpt) Read more at legalinsurrection.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; Philosophy
KEYWORDS: homosexualagenda; kagan; scotus; ssm
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1 posted on 06/28/2015 8:58:36 PM PDT by lowbridge
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To: lowbridge

Sounds like she “Evolved”, just like odumbell...


2 posted on 06/28/2015 8:59:44 PM PDT by PROCON (CRUZing into 2016 with Ted.)
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To: lowbridge

leftists lie, all the time they lie

they will lie to gain power


3 posted on 06/28/2015 9:01:09 PM PDT by GeronL
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To: lowbridge

I wish there was some way to, I don’t know, get some perspective on all this. There’s a lot of pathos going around but what really happened? Our civilization has totally embraced behavior that no major civilization ever embraced in 6,000 of human history. All bets are off now. Anything goes.


4 posted on 06/28/2015 9:04:48 PM PDT by demshateGod (The fool hath said in his heart, There is no God.)
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To: lowbridge
Well, now there is since the supremes make the constitution.
5 posted on 06/28/2015 9:06:10 PM PDT by demshateGod (The fool hath said in his heart, There is no God.)
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To: lowbridge

The puppet is bought and sold, just like The Wise Latina and the other two

Not an original thought, just robotics


6 posted on 06/28/2015 9:06:49 PM PDT by A_Former_Democrat (The First Amendment = Freedom of Religion = Religious Liberty = Applies to Everyone)
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To: GeronL

“2008 (August) – In an interview with Rick Warren at the Saddleback Church, Obama defined marriage by saying, “I believe that marriage is the union between a man and a woman. Now, for me as a Christian… it is also a sacred union. God’s in the mix.” Even though Obama still supported civil unions at this point, his statements drew a bold line between opposite-sex couples and same-sex couples.”

Yet the other day, he and Biden are shown walking down the path at the White House (lit up in rainbow colors) waving their fag flags. Biden’s wife was saying how Joe put his flag on as a cape, and running around down the halls of the White House, giving high-fives to everyone.


7 posted on 06/28/2015 9:08:14 PM PDT by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts It is happening again.)
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To: lowbridge

all of them have evolved including the RINOs. We are the only Paleo’s left.


8 posted on 06/28/2015 9:09:10 PM PDT by plain talk
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To: lowbridge

We all know they’re a bunch of liars.


9 posted on 06/28/2015 9:09:39 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
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To: PROCON
Sounds like she “Evolved”, just like dumbbell..

You have a typo..its spelled "Devolved"

10 posted on 06/28/2015 9:10:43 PM PDT by tophat9000 (SCOTUS=Newspeak)
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To: lowbridge

Simply never believe or trust a liberal on any matter of importance. Anyone who can mold their conscience to acquiesce to the vile wholesale killing of human life is capable of any abomination.


11 posted on 06/28/2015 9:12:13 PM PDT by allendale
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To: tophat9000

If you aren’t willing to lie to gain power, you are not a good leftist.


12 posted on 06/28/2015 9:13:05 PM PDT by GeronL
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To: 21twelve

Okay - I was trying to find the article about Biden and his cape. It was a spoof twitter post. And - the photo I saw showing Obama and Biden waving their fag flags (FAGS?) may have been a spoof. But the White House WAS in color, and their official internet page has the colors.


13 posted on 06/28/2015 9:14:17 PM PDT by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts It is happening again.)
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To: A_Former_Democrat

Puppet?

https://www.youtube.com/watch?v=gg6koBQx7PQ


14 posted on 06/28/2015 9:16:03 PM PDT by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts It is happening again.)
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To: lowbridge

You don’t suppose she was a lying lesbo, do you?


15 posted on 06/28/2015 9:24:06 PM PDT by MIchaelTArchangel
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To: lowbridge

Ugly bird could eat corn through a picket fence.

She knows as much about sex and dating as she does about the back end of the moon.

Allowing her to pass judgment on a case in this realm is not just judicial malpractice; it’s madness.


16 posted on 06/28/2015 9:24:22 PM PDT by relictele (Principiis obsta & Finem respice - Resist The Beginnings & Consider The Ends)
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To: PROCON

She/He/It may have evolved, the Constitution didn’t.

It says, and it doesn’t say the same thing in 2009 as it does today.


17 posted on 06/28/2015 9:33:56 PM PDT by Kickass Conservative (Erections have Consequences, just ask Obama's Parents. Oh wait, they're Dead.)
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To: GeronL

“Leftists lie”

The issue is never the issue. The issue is the revolution.

L


18 posted on 06/28/2015 9:39:05 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: relictele

She knows as much about sex and dating as she does about the back end of the moon.

... and she doesn't know much about anything else either ...

19 posted on 06/28/2015 9:39:32 PM PDT by Zakeet (Obama won't release his birth certificate because he accidentally smoked it)
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To: MIchaelTArchangel

She seemed lesbian the interview I saw.


20 posted on 06/28/2015 9:45:33 PM PDT by Lumper20 ( clown in Chief has own Gov employees Gestapo)
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