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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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To: Lurker

BUMP

For the left, everything is politics, everything


21 posted on 06/28/2015 9:53:06 PM PDT by GeronL
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To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, Ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/


22 posted on 06/28/2015 9:57:55 PM PDT by Nachum (Obamacare: It's. The. Flaw.)
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To: PROCON

winner


23 posted on 06/28/2015 10:16:18 PM PDT by SaveFerris (Be a blessing to a stranger today for some have entertained angels unaware)
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To: smokingfrog

another winner


24 posted on 06/28/2015 10:16:33 PM PDT by SaveFerris (Be a blessing to a stranger today for some have entertained angels unaware)
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To: lowbridge

There is none in 2015 either.


25 posted on 06/28/2015 10:31:57 PM PDT by sport
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To: GeronL
If you aren’t willing to lie to gain power, you are not a good leftist.

Well they tell you up front..."By any means necessary"

26 posted on 06/28/2015 11:19:51 PM PDT by tophat9000 (SCOTUS=Newspeak)
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To: lowbridge

She’s a leftist Democrat and she lied. What did you expect?

After all, you’ve got Ginsburg who was as left as they come without being an open member of the Communist Party. Later we got the first “Hispanic” Justice. Nothing about being an “American justice”.

Breyer is batshit crazy, and Kennedy is bipolarly unstable in his thinking.

Hey Ben Franklin. You were right about the question of us being given a “republic”, if we could keep it. The ignorants, welfare addicts, mis-educated liberals and commies took it away, with the help of a bunch of white leftists (opposed only by two Italians and a Black justice who actually knew what the Constitution meant).

We have reaped what Moscow sowed, thanks to the above, our infiltrated educational system, our perverted leftist press, morally corrupt politicians, cowardly Republicans, and some damned good Soviet operatives who got to the top of the Democrat Party machine.


27 posted on 06/28/2015 11:22:40 PM PDT by MadMax, the Grinning Reaper (madmax)
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To: lowbridge

I think that we already knew that the latest rulings by the “supremes” were political rubber stamps; serious jurisprudence be damned.


28 posted on 06/28/2015 11:35:56 PM PDT by windsorknot
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To: lowbridge

EVOLVED


29 posted on 06/29/2015 12:19:15 AM PDT by Organic Panic
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To: lowbridge

Lying, liars, lie


30 posted on 06/29/2015 4:02:55 AM PDT by VTenigma (The Democratic party is the party of the mathematically challenged)
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To: Organic Panic

shE leana Lefta..
Yeh — Mama Cass reincarnate and the unwise head housekeeper. Bammy’s prized pics for the Court.


31 posted on 06/29/2015 4:02:58 AM PDT by tflabo (Truth or tyranny)
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To: lowbridge

Charged with lying before Congress?


32 posted on 06/29/2015 5:35:32 AM PDT by CPT Clay
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To: lowbridge

Leftist’s lie, riot, march, protest, make fools of themselves over fabricated issues, and non issues, etc., etc., etc.

Probably scare the scoot out of them if we did what they do. Perhaps we should act like ignorant lower life forms to get our way too.


33 posted on 06/29/2015 7:16:07 AM PDT by rockinqsranch ((Dems, Libs, Socialists, call 'em what you will. They ALL have fairies livin' in their trees.))
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To: lowbridge
“There is no federal constitutional right to same-sex marriage.”

That testimony before Congress, then, qualifies Kagan for impeachment, disbarment, and/or imprisonment for blatant Contempt of Congress"!

34 posted on 06/29/2015 8:46:51 AM PDT by TXnMA ("Allah": Satan's current alias... "Barack": Allah's current ally...)
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