Cornyn to Kagan: You Provided "Separate But Equal" Access to the Military at Harvard

This afternoon, Sen. John Cornyn intensified his criticism of Elena Kagan's decision to deny the military access to the office of career services at Harvard Law School. Cornyn suggested that Kagan's policy was to "stigmatize" the military and give it "separate but equal" access to students at Harvard. Watch the video:

CORNYN: If the policy had no impact on recruiting at Harvard law school, what possible purpose could it serve other than to stigmatize the military. In effect, you provided a separate but equal means of providing access to students on the campus.

KAGAN: I think the purpose of the policy was something different. It was certainly not to stigmatize the military. The purpose of the policy was to express support for our students who were being discriminated against--for our gay and lesbian students who wanted to be in the military. And the policy was meant to support them or to support with respect to other employers any other students who were being discriminated against and to say, you know, we support those students. And at the same time, at the same time, to ensure that our students who wanted to go into the military had excellent access to military recruiters and vice versa.

Yesterday Senator Jeff Sessions asked Kagan why she discriminated against the military instead of complaining to Congress for passing the law regarding gays in the military: "Isn’t it a fact that the policy was not a military policy, but a law passed by the United States Congress? ... Why wouldn't you complain to Congress and not to the dutiful men and women who put their lives on the line for America every day?"

Kagan dodged the question.