David Banks/AP

The archaeological dig is on! Here’s a look at what’s going on, gay- and otherwise, with the nomination of maybe-gay Elena Kagan.

When Kagan was asked whether she believed that there is a constitutional right to same-sex marriage, she responded, “There is no federal constitutional right to same-sex marriage.” And there is all kinds of talk about what she really meant. And it really does come down to what the meaning of “is” is.

Does this mean that the Olson/Boies challenge is now doomed? Maybe. But maybe not.

Kagan has unequivocally voiced her opposition to Don’t Ask Don’t Tell, calling the policy “a moral injustice of the first order.” As Dean of Harvard Law, she fought to prevent the military from recruiting on campus, per its non-discrimination policy, but eventually relented when the Supreme Court ruled that the government could withhold funding from the school if the military were not allowed to recruit there.

Media Matters has a terrific look at the myths surrounding Kagan’s views on DADT, religion and socialism, and other issues certain to be used against her by Republicans during the nomination hearings. And the New York Times has a lengthy look at Kagan’s life, both personally and professionally, although it studiously avoids any mention of her sexual orientation. Andrew Sullivan today called attempts to avoid discussing her sexuality “anachronistic.”

The HRC is all over the nomination, praising it with: “We are confident that Elena Kagan has a demonstrated understanding and commitment to protecting the liberty and equality of all Americans, including LGBT Americans.” Gay Richard Socarides thinks Kagan is “a brilliant, pragmatic progressive.”

The Republicans, on the other hand, are already ramping up their fight against her because she’s not enough of a judicial activist. And NOM? Yeah, Brian Brown tweets: “A vote for Elena Kagan as Justice will be a vote for imposing gay marriage on all 50 states.”