She opposed Don't Ask Don't Tell and encouraged protest.
Elena Kagan doesn't have much of a track record on divisive issues, with one exception: Don't Ask Don't Tell.
The nation's leading gay rights lobbyist, Human Rights Campaign, supported President Obama's nomination of the solicitor general for the Supreme Court Monday, and conservative groups that want to keep Don't Ask Don't Tell on the books have predictably opposed her.
Kagan let her position on the law out while serving as the dean of Harvard Law School. She opposed military recruiting on the university campus on the ground that the ban against openly gay servicemembers conflicted with Harvard's anti-discrimination policies.
That hasn't won her any points with conservatives, who say she is anti-military.
When she was nominated for solicitor general, the conservative Family Research Council said "leftwing views like Kagan's still disparage the sacrifices [of] our military" and the Traditional Values Coalition complained that she crafted "pro-homosexual hate crime policies" under the Clinton Administration.
Meanwhile, Human Rights Campaign praised the pick but vowed to continue examining Kagan's thin written record for her political leanings.