Elena Kagan, Obama‘s Supreme Court nominee, has called the military’s ban on homosexuals “a profound wrong” and “a moral injustice of the first order.”

By Matt Cover at CNSNews.com

Solicitor General Elena Kagan, nominated by President Obama to replace retiring Supreme Court Justice John Paul Stevens, has called the military’s ban on homosexuals “a profound wrong” and “a moral injustice of the first order.”

Kagan made the comments while serving as dean of Harvard Law School during the 2005 controversy over whether Congress could withhold federal funding from universities that discriminate against the military. Kagan joined a friend-of-the-court brief opposing the government.

“I abhor the military’s discriminatory recruitment policy,” Kagan wrote in an email to Harvard Law students on October 6, 2003. “This [policy] is a profound wrong – a moral injustice of the first order. And it is a wrong that tears at the fabric of our own community, because some of our members cannot, while others can, devote their professional careers to their country.”

The “discriminatory” policy Kagan opposes is a federal law, passed in 1993, that directs Congress to use its constitutional authority “to make rules for the government and regulation of the land and naval forces” to prohibit homosexuals from serving in the military.

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