Gay rights issues made their first appearance in the Sonia Sotomayor confirmation hearings on Wednesday, when the Supreme Court nominee was asked same-sex marriage case. The issue was revisited several times today by three Republican senators, all of whom oppose marriage equality.
Texas Sen. John Cornyn (R-Texas) opened with this predictably non-answerable "question": "If the Supreme Court in the next few years holds that there is a constitutional right to same-sex marriage would that be making the law, or would that be interpreting the law?"
South Carolina's Lindsey Graham, who probably knows more about "teh gays" than most senators, also asked about the Constitution's Full Faith and Credit Clause, which normally would require all states to recognize all legal marriages from other states, but was circumvented by the Defense of Marriage Act.
Judge Sotomayor took offense at suggestions that she already has an opinion and maintained she "would look at that issue ... with a completely open mind." There are several pending DOMA cases, such as Gill v OPM and the Massachusetts suit against the federal government.
Sen. Chuck Grassley, the conservative Iowa Republican, followed up to yesterday's question about Baker v. Nelson, the 1972 marriage equality case. HRC Back Story reports: "Grassley asked Sotomayor whether she would 'respect the Court’s decision in Baker based upon Stare Decisis and if not, why not?'" Sotomayor also declined to say if Baker was a precedent. Sotomayor refused to answer because of the pending marriage equality cases, such as Perry v Schwarzenegger, the Olson-Boies case.