Watch: Elena Kagan on DADT & marriage

At her Supreme Court confirmation hearings this week, nominee Elena Kagan stated her continuing opposition to DADT: "I have repeatedly said the Don't Ask, Don't Tell policy is unwise and unjust. I believed it then, and I believe it now."

Later Kagan said, "One thing I do know is that my politics would be, must be, have to be completely separate from my judging."

Kagan will likely be hearing the Prop 8 case in the next couple of years, and could only discuss side issues when asked about states' rights and same-sex marriage:

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