Research

As Dean Of Harvard Law School, Kagan Praised The University’s Decision To Ban Military Recruiters From Harvard’s Campus Over The Military’s Ban On Openly Gay Service Members. “‘This return to our prior policy will allow [the Office of Career Services] to enforce the law school's policy of nondiscrimination without exception, including to the military services,’ the dean, Elena Kagan, wrote in a brief statement late yesterday. ‘I am gratified by this result, and I look forward to the time when all law students will have the opportunity to pursue any legal career they desire.’” (Jenna Russell, “Harvard Law School Bans Military Recruiters Over Anti-Gay Policies,” The Boston Globe, 12/1/04)

• She Called Clinton-Era Federal Statute Of Don’t Ask, Don’t Tell “A Profound Wrong – A Moral Injustice Of The First Order.” “[Kagan] also wrote an open letter to the campus describing her ‘deep distress’ over the issue, calling the ban on openly gay service members ‘a profound wrong -- a moral injustice of the first order.’” (Marcella Bombardieri, “Pentagon Ordered To Halt Law School Recruiting Tactics,” The Boston Globe, 11/30/04)

As Dean, Kagan Even Encouraged Students To “Forcefully” Protest Against The Military. “Kagan wrote in her message that she hopes “many members of the Harvard Law School community will accept the Court’s invitation to express their views clearly and forcefully regarding the military’s discriminatory employment policy.”” (Paras Bhayani, “HLS To Abide By Court’s Decision,” The Harvard Crimson, 03/08/06)

As Solicitor-General, Kagan Failed To Review The 9^th Circuit’s  Decision Undermining The Military’s Application Of Don’t Ask, Don’t Tell Law. “The Obama administration has decided to accept an appeals-court ruling that could undermine the military's ban on service members found to be gay. A federal appeals court in San Francisco last year ruled that the government must justify the expulsion of a decorated officer solely because she is a lesbian. The court rejected government arguments that the law banning gays in the military should have a blanket application, and that officials shouldn't be required to argue the merits in her individual case.” (Jess Bravin and Laura Meckler, “Obama Avoids Test On Gays In Military,” The Wall Street Journal, 5/19/09)

• Kagan’s Office Allowed The Deadline For Appeal To The Supreme Court To Pass, Which Will Force The Military To Continue Litigating This Issue In The Lower Courts For Years. “The administration let pass a May 3 deadline to appeal to the Supreme Court. That means the case will be returned to the district court, and administration officials said they will continue to defend the law there. The move ‘takes the issue off the front burner,’ as a trial and subsequent appeals could take years before the question returns to the Supreme Court, said an official familiar with the matter.” (Jess Bravin and Laura Meckler, “Obama Avoids Test On Gays In Military,” The Wall Street Journal, 5/19/09)

And In August 2009, Kagan’s Office Filed A Brief In A California Case Challenging The Defense Of Marriage Act, Stating That “This Administration Does Not Support DOMA As A Matter Of Policy, Believes That It Is Discriminatory, And Supports Its Repeal.” (US District Court For The Central District Of California, “Reply Memorandum”, Case No. SACV09-00286 DOC (MLGx), 8/24/09)