Well here we go, back in 09 even Kagan, like Hillary Clinton and Barack Obama, thought there is no federal constitutional right to same sex marriage.
EXCERPTS:
A questionnaire for her confirmation as Solicitor General before the Senate Judiciary Committee is now being parsed:
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 samesex marriage?
Answer: There is no federal constitutional right to same-sex marriage.
b. Have you ever expressed your opinion whether the federal Constitution should be read to confer a right to same-sex marriage? If so, please provide details.
Answer: I do not recall ever expressing an opinion on this question.READ MORE ->
I think it's easier to accept it however, if we haven't learned a lesson that we must be PROACTIVE in protesting then nothing can be or will ever be accomplished that is of a positive nature.