Pro-Gay, Anti-Military Misdirection and Elena Kagan

Captain Pete Hegseth testified before the Senate Judiciary Committee in opposition to Supreme Court nominee Elena Kagan.  It is a short powerful statement.  It underscores succinctly the difficulty that so frequently confronts me in making sense of leftwing priorities.  Captain Hegseth doesn’t argue the merits of the Don’t-Ask-Don’t-Tell law, and in fact acknowledges that reasonable minds can differ.  Instead, he notes merely that the source of the policy was Congress and President Clinton, for whom Ms. Kagan went to work, and that instead of directing her activist opposition to the source of the policy, she directed it at the institution upon whom it was imposed by law.

Moreover, if the opposition to DADT is a genuine instance of solidarity with gay rights (rather than an opportunistic bashing of the military), then why did Ms. Kagan invite and welcome to Harvard’s campus numerous members of Congress who voted for the policy she calls “a moral injustice of the first order”?  These members of Congress were the actual perpetrators of this first-order moral injustice.  Shouldn’t they have been flogged?

Speaking of which, Captain Hegseth notes that Harvard has three academic chairs endowed by money from Saudi Arabia — where homosexuality is a capital offense.  If you are gay, or adequately suspected of being gay, in Saudi Arabia, you will be killed.  Not fired, not scorned, not disrespected.  Killed.  There plainly must be a moral injustice of an order even higher than first.  Saudi Arabia commits that extra-magnitude moral injustice routinely.  And Ms. Kagan would therefore be obliged to oppose it with rough proportion to her activist opposition to the military and its congressionally-imposed DADT policy.  She did not.

So Ms. Kagan’s conduct at Harvard was opportunistic and hypocritical.  I do not suggest that engaging in opportunistic and hypocritical conduct automatically disqualifies Ms. Kagan from confirmation to the Supreme Court.  Let him who is without sin cast the first Saudi Arabian stone.  But can we at least call it a sin?

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