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Kagan Takes the Hot Seat

Kagan Takes the Hot Seat


Kagan Takes the Hot Seat

If you were to judge Supreme Court nominee Elena Kagan solely on her public statements, you might be at a loss when it comes to determining her positions on gay issues.

In 2003, as dean of Harvard Law School, she sent a letter to students describing the military's antigay "don't ask, don't tell" policy as "a profound wrong -- a moral injustice of the first order."

Then, six years later at her nomination hearing for U.S. solicitor general, she said, "There is no federal constitutional right to same-sex marriage."

Yet, as hearings for Kagan's Supreme Court nomination get underway Monday, her friend and former colleague Harvard professor Larry Lessig says gay people would have a friend in this potential justice. "My sense of her is that she's a progressive," he says. "She has what I think are the right views about how to think about equal protection [and] how to think about how to interpret the Constitution."

There's little question that, if she's confirmed, Kagan will have a hand in deciding a good number of cases of importance to gay men and lesbians. So, with that in mind, The Advocate On-Air's Jason Bellini talks with Lessig, other Kagan friends and associates, and court watchers, to get a sense of just where she'll stand. Watch Bellini's report below.

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