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Thread: State attorney general won’t defend gay marriage ban

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    State attorney general won’t defend gay marriage ban

    State attorney general won't defend gay marriage ban | TribLIVE

    “I cannot ethically defend the constitutionality of Pennsylvania's (law banning same-sex marriage), where I believe it to be wholly unconstitutional,” Kane told reporters in Philadelphia on Thursday.
    I very much respect this woman for standing up for her principles. I believe she should leave her job because it is her job to defend the state's laws. However, great to see her standing up for what she believes is right. Tough call on her part.
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    Re: State attorney general won’t defend gay marriage ban

    Quote Originally Posted by Blue_State View Post
    State attorney general won't defend gay marriage ban | TribLIVE



    I very much respect this woman for standing up for her principles. I believe she should leave her job because it is her job to defend the state's laws. However, great to see her standing up for what she believes is right. Tough call on her part.
    Would you respect her for standing up for her principles if she were going the way?

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    Re: State attorney general won’t defend gay marriage ban

    Quote Originally Posted by Fisher View Post
    Would you respect her for standing up for her principles if she were going the way?
    If she were going the way?

    I find her position very hard. She is there to defend the laws of her state. She doesn't agree with a law that she is suppose to defend. I am assuming she would be unable to give it the proper defense since it is something she feels is unethical.

    Because she isn't doing a garbage defense and removing herself from the situation, I think she is doing the right thing.
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    Re: State attorney general won’t defend gay marriage ban

    I wonder if state executives generally have the power to not enforce laws that they see as unconstitutional the way POTUS does.
    If so I'd say that while her principaled stand is admirable it's not her decision to make.
    Don't be a grammar nazi - Marcus Aurelius, Meditations, Book 1 #7

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    Re: State attorney general won’t defend gay marriage ban

    Quote Originally Posted by Gaius46 View Post
    I wonder if state executives generally have the power to not enforce laws that they see as unconstitutional the way POTUS does.
    If so I'd say that while her principaled stand is admirable it's not her decision to make.
    I agree. That is why I believe she should stop down from her job.
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    Re: State attorney general won’t defend gay marriage ban

    Quote Originally Posted by Blue_State View Post
    If she were going the way?

    I find her position very hard. She is there to defend the laws of her state. She doesn't agree with a law that she is suppose to defend. I am assuming she would be unable to give it the proper defense since it is something she feels is unethical.

    Because she isn't doing a garbage defense and removing herself from the situation, I think she is doing the right thing.
    So if she were a clerk whose principles were that gay people should not be allowed to marry and she refused to issue a gay couple a marriage license even though it was legal for them to marry, you would defend her for risking her job and standing up for her principles?

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    Re: State attorney general won’t defend gay marriage ban

    Quote Originally Posted by Blue_State View Post
    State attorney general won't defend gay marriage ban | TribLIVE



    I very much respect this woman for standing up for her principles. I believe she should leave her job because it is her job to defend the state's laws. However, great to see her standing up for what she believes is right. Tough call on her part.
    That is a violation of her duty and she should be removed.
    Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.

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    Re: State attorney general won’t defend gay marriage ban

    Quote Originally Posted by Blue_State View Post
    State attorney general won't defend gay marriage ban | TribLIVE



    I very much respect this woman for standing up for her principles. I believe she should leave her job because it is her job to defend the state's laws. However, great to see her standing up for what she believes is right. Tough call on her part.
    Based on the article, I'm not sure she should necessarily leave her job. It says that it is allowable to leave it up to the government office's lawyers in the name of efficiency or in the state's best interests. If that is so, I believe it is in the best interest of that law to have it defended by Governor Corbett's lawyers rather than giving a half-hearted defense by someone on record disapproving of the law. I'm not sure it would be necessary for her to step down.
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    Re: State attorney general won’t defend gay marriage ban

    This isn't about the attorney general's refusal to uphold the law, it's about her refusal to defend it within the context of the challenge to that law's constitutionality. This is exactly the same non-story as when Obama refused to defend DOMA.

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    Re: State attorney general won’t defend gay marriage ban

    Quote Originally Posted by Cardinal View Post
    This isn't about the attorney general's refusal to uphold the law, it's about her refusal to defend it within the context of the challenge to that law's constitutionality. This is exactly the same non-story as when Obama refused to defend DOMA.
    Except that according to the article, unlike the Obama administration, the Attorney General's office in Pennsylvania was created with the duty to uphold the constitutionality of the law. I can still read it as her doing her best to defend it by not giving a half-hearted attempt and allowing its defense to rest on the Governor's lawyers. But it is not as cut and dry as Obama's non-defense of DOMA.
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