During Elena Kagan’s Solicitor General confirmation hearing last year, she said point blank that “'There is no federal constitutional right to same-sex marriage.''
See Senator John Cornyn's question to her and her answer:
Senator Cornyn: "Do you believe that there is a federal constitutional right to same-sex marriage?"
Elena Kagan: 'There is no federal constitutional right to same-sex marriage.''
Read the full exchange from the hearing transcript here.
Look, people who know Kagan say she’s pretty reliable when it comes to being a social liberal. And just because she said that doesn’t mean that if the question came up in the future she would necessarily rule that way. After all, technically she is correct. There isn't a constitutional right...for now. But suffice to say; doesn’t this give gay rights groups pause? I’m not saying liberals are running for the over the counter heartburn medicine but it’s interesting.