May 10th, 2010
06:23 PM ET

GOP focus: Kagan's stance on gays in the military

Top GOP senators wasted no time Monday putting the controversy over gays in the military at the center of Supreme Court nominee Elena Kagan's confirmation fight.

Moments after President Barack Obama nominated Kagan for the high court, key Republicans seized on her controversial role trying to block military recruiters from Harvard Law School in protest of the Pentagon's policies preventing gays and lesbians from serving openly in the armed forces.

"I think she made a big mistake," opined Alabama Sen. Jeff Sessions, the top Republican on the Judiciary Committee. "Was that disqualifying? I don't know. We'll see. But it's a significant issue."

While serving as dean at Harvard Law in 2003, Kagan said she "abhorred" the military's "discriminatory recruitment policy." She called it "a profound wrong - a moral injustice of the first order."

Kagan supported other schools challenging a federal law requiring that recruiters be given equal access or face the loss of federal funding. Among other things, she argued that granting equal access, in the light of the so-called "don't ask, don't tell" policy, violated Harvard's anti-discrimination policy.

The Supreme Court, however, unanimously upheld the law in 2006.

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Filed under: Elena Kagan • Supreme Court • U.S. • Uncategorized
soundoff (13 Responses)
  1. dontcar75

    Are you serious ? this is the issue that the GOP wants to attack, do they want to stand on the side of discrimination

    May 10, 2010 at 8:53 pm | Report abuse |
  2. John

    With the GOP firmly in the South it now can be confirmed that the North did win the Civil War! God Bless the Republican President Abraham Lincoln, God Bless the Union Army, and God Bless Gen. Sherman for bringing victory to the North. With the GOP in the South, the South WILL NEVER rise again.

    May 10, 2010 at 9:39 pm | Report abuse |
  3. thorgasm

    I think it's more of the fact that they tried to run military recruiters away from campus. Even if you disagree with the overall military's policies, I think it's far too disrespectful to try to ban the recruiters. They don't even make the policy decisions; they're just trying to make sure the military has the best it can get.

    May 10, 2010 at 10:24 pm | Report abuse |
  4. bill b

    what do the Catholic Church and the Republicans have in common? they both refuse to step into the 21st century....as for Senator sessions..Alabama, you got the world on your shoulders thats bringing you down

    May 11, 2010 at 1:19 am | Report abuse |
  5. bill b

    sorry folks...misquoted good ole neil...Alabama, you got the world on your shoulders thats breaking your back...but it sure is bringing you good folks down..stop hating, you might like it

    May 11, 2010 at 1:27 am | Report abuse |
  6. Teresa

    What People chose for them self's in the bedroom is none of the governments business .....
    Just because a person's gay don't mean they won't work as hard as the straight person next to them .........

    May 11, 2010 at 6:02 am | Report abuse |
  7. Cybersport

    Harvard has a policy that it will not allow ANY employer that discriminates to recruit on campus. That includes the military.

    May 11, 2010 at 7:40 am | Report abuse |
  8. jen

    She was right, and even the Supreme Court ruled in Harvard"s favor. I know ole Jeffry would love to win this argument, but he's in way over his head. Just how he got to the position he's in just proves that politicians are ruining this country and I don't believe the majority of them care about American citizens at all. People need to stop voting on party lines and actually learn about the people they are electing. Either Alabama is STILL racist or those people got swindled with that guy. YIKES!!!

    May 11, 2010 at 9:04 am | Report abuse |
  9. Dave Althaus

    Teresa –

    Have you ever slept in a squad bay with 30 other men (or women)? If not, please permit me to tell you that there is no privacy there. You sleep together, you shower together, you even use the head together (head is Marine for toilet). There is no privacy.

    I am aware that some of the new barracks afford more privacy that the old squad bays, but that is not a universal condition, particularly aboard ships.

    While I do not personally support DNDT, those service members who are not gay have some rights and some serious and legitimate concerns about the public living conditions they may be thrust into. This is not a black-and-white issue and needs to be handled carefully with the rights of all concerned being considered.

    Semper Fi,
    Dave

    May 11, 2010 at 11:33 am | Report abuse |
  10. Jerry

    What the right and left wings in this country agree on is that this is an evil country. It is, therefore, up to those in the middle to carry on. Of course, that probably means carrying on more wars...

    May 11, 2010 at 12:26 pm | Report abuse |
  11. RTL

    Aww, come on folks. Tight quarters or not, a gay military person is not going to make advances to a straight man or woman. If you were to talk to most active military personnel, they would tell you they know/knew gay persons in their units and they never caused an issue, worked as hard as the next soldier and were part of the unit.

    May 12, 2010 at 8:05 am | Report abuse |
  12. Aron Prince

    Are you serious? Some straight people kill me. You don't want us in the military but you want our tax dollars. Personally, I would serve anyway because I need the straight people to take the enemies bullet so to speak.

    May 12, 2010 at 3:10 pm | Report abuse |
  13. Zip in SC

    I'm trying to figure out if the GOP's questions have more to do with gays in the Military, or whether she'll rule on gay marrage. Maybe most of the intrest has to do with more of the conservatives coming out of the closet. Rentboy.com might want to start recruiting now.

    May 12, 2010 at 3:56 pm | Report abuse |