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Va. AG's office: Gay marriage ban unconstitutional[W:183]

Re: Va. AG's office: Gay marriage ban unconstitutional

AGENT J said:
yes thank you i got it, i already made note of it in my response to you it was easy to find since it was on the same page
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No, it's not. What Helix posted was not the oath of office but rather who and how the AG may advise on constitutional issues. In fact, yet another way this knob has failed their job. The posted statute is the ONLY time the AG is authorized to chime in with his/her OPINION on constitutionality and then only to the proper questioner.

Oh, I now longer answer posts where you munge what I wrote.
 
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Re: Va. AG's office: Gay marriage ban unconstitutional

danarhea said:
Then the AG in Mississippi did the Constitutional thing in 1963 when he upheld the will of the people that said black people couldn't vote?

Thanks for playing.
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No, considering the SCOTUS had already ruled black people could vote according to the US Constitution. The matter had already been adjudicated federally. But again with the racial Godwins. It didn't work for you the first invocation, now you go for the second? Laughable.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

clownboy said:
No, it's not. What Helix posted was not the oath of office but rather who and how the AG may advise on constitutional issues. In fact, yet another way this knob has failed their job. The posted statute is the ONLY time the AG is authorized to chime in with his/her OPINION on constitutionality and then only to the proper questioner.

Oh, I now longer answer posts where you munge what I wrote.
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i asked for oath and laws
AGENT J said:
SO has anybody posted the AG oath yet?
has anybody post Va law on this yet?
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and it wasnt helix it was Somerville

please try to control your anger and dishonesty in your posts from blinding you
FACTS prove your post wrong again
 
Re: Va. AG's office: Gay marriage ban unconstitutional

danarhea said:
Elections have consequences, in this case a good consequence. No longer will millions of Virginians' taxpayer dollars be wasted defending the indefensible.

Article is here.
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When an AG refuses to defend a state law/statute in court does this have the effect of making it incontestable in court? Do others in the state have standing to try and have the law enforced or to defend it in the courts when challenged?
 
Re: Va. AG's office: Gay marriage ban unconstitutional

HenryChinaski said:
I'm curious what the Right Wing fundies will do when SSM marriage finally hits every state. Try harder to pray the gays away? Move to an island somewhere and start over?
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i keep telling them move to uganda, where they'll fit right in
 
Re: Va. AG's office: Gay marriage ban unconstitutional

clownboy said:
Has ANY federal court ruled that provision of the Virginia constitution unconstitutional? No? then your characterization of my argument is as wrong as your own specious argument is.
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At least 3 federal courts have now ruled the banning SSM is unconstitutional so yeah
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Sherman123 said:
When an AG refuses to defend a state law/statute in court does this have the effect of making it incontestable in court? Do others in the state have standing to try and have the law enforced or to defend it in the courts when challenged?
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Private citizens do not, per the prop H8 case. I doubt the governor will defend it. Not sure what other officials in the state could. The case will still proceed, just likely without anyone to defend the ban.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

chromium said:
Private citizens do not, per the prop H8 case. I doubt the governor will defend it. Not sure what other officials in the state could. The case will still proceed, just likely without anyone to defend the ban.
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That's what I thought. I'm vehemently pro-SSM but I'm uncomfortable with the notion that a state law can be effectively nullified if the state chooses not to defend said law in court. I don't like the implications of that. Unless I'm misunderstanding what 'not being defended' means? If the state doesn't defend it and if private citizens don't have standing to do so then how can a law be uphold under those conditions if it is taken to court?
 
Re: Va. AG's office: Gay marriage ban unconstitutional

why did it take the admins 5 minutes to start a separate Obamacare category(aka siberia) yet allows these gay marriage threads to dominate this category(mid-town manhattan)
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Sherman123 said:
That's what I thought. I'm vehemently pro-SSM but I'm uncomfortable with the notion that a state law can be effectively nullified if the state chooses not to defend said law in court. I don't like the implications of that. Unless I'm misunderstanding what 'not being defended' means? If the state doesn't defend it and if private citizens don't have standing to do so then how can a law be uphold under those conditions if it is taken to court?
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The judge(s) could theoretically rule in their favor still but with no evidence, witnesses etc, the plaintiffs will demand summary judgment and it will be granted.

Reason it's happening this way is it's being dragged on far longer than it should have. The voters should never have been allowed to decide this is the problem to begin with. In an ordinary lawsuit where the federal constitution isn't clearly violated, the AG/governor would defend the case.

The anti marriage equality crowd should be grateful it ends here and not with lawsuits against the individual voters and petition signers who are responsible.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

JoeTrumps said:
why did it take the admins 5 minutes to start a separate Obamacare category(aka siberia) yet allows these gay marriage threads to dominate this category(mid-town manhattan)
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It actually took about two years.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

JoeTrumps said:
why did it take the admins 5 minutes to start a separate Obamacare category(aka siberia) yet allows these gay marriage threads to dominate this category(mid-town manhattan)
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Yeah poor you, have the right to marry while others do not and in you return you have to see a few threads that no one makes you click on.

But don't worry, it will be legal in all 50 states before you know it, then there will be no more need for these threads.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

My only hope is that the old fart libbos on the USSC die off AFTER a Republican wins office in 2016. I think that this is why they're all pushing so hard now because they know that if the USSC gets turned full red, then gay marriage is donefer.. Remember, our appointed judges are still just people we appoint to give their opinions.


Tim-
 
Re: Va. AG's office: Gay marriage ban unconstitutional

chromium said:
Yeah poor you, have the right to marry while others do not and in you return you have to see a few threads that no one makes you click on.

But don't worry, it will be legal in all 50 states before you know it, then there will be no more need for these threads.
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so true equal rights will be nation wide soon

but this topic will still be discussed by bigots and people who support discrimination

just like there are people here that still think woman and minorities are less, all the same crowd.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Another liberal ideological activist subverts the just will of the people.

That's all that's happened here.

The VA AG doesn't think the law is unconstitutional, he ideologically merely panders to the Disaffected Coalition for votes, nothing more.

Another egregious nose thumbed at the U.S. Constitution and the duties of a public servant.

TH VA AG should be relieved of his official duties.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Ontologuy said:
Another liberal ideological activist subverts the just will of the people.

That's all that's happened here.

The VA AG doesn't think the law is unconstitutional, he ideologically merely panders to the Disaffected Coalition for votes, nothing more.

Another egregious nose thumbed at the U.S. Constitution and the duties of a public servant.

TH VA AG should be relieved of his official duties.
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Are we to expect overly elongated verbose diatribes again with made up words if gays get married in VA from you
 
Re: Va. AG's office: Gay marriage ban unconstitutional

AGENT J said:
so true equal rights will be nation wide soon

but this topic will still be discussed by bigots and people who support discrimination

just like there are people here that still think woman and minorities are less, all the same crowd.
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I'm sure it will but there won't be need for a new thread every new development, because there won't be any. It will just be more of the same "gay agenda" crap that we see from them already, bitching that some bakery in the middle of nowhere had to make a cake for a wedding.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Ontologuy said:
Another liberal ideological activist subverts the just will of the people.

That's all that's happened here.

The VA AG doesn't think the law is unconstitutional, he ideologically merely panders to the Disaffected Coalition for votes, nothing more.

Another egregious nose thumbed at the U.S. Constitution and the duties of a public servant.

TH VA AG should be relieved of his official duties.
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The US Constitution? What part of that defines or has to do with marriage?
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Deuce said:
Oh, and digsbe, it's outright disingenuous to suggest this isn't defending a law because he "doesn't like it." He's not defending the law because he believes it to be unconstitutional and has no grounds on which to defend it. You really should quit trying to dodge actual discussion of the issue like that.
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The second part is hogwash. There are plenty of grounds he could defend it, those grounds are being used all across the country. The reality is he doesn't agree with the law, and doesn't agree with those legal arguments, so he's just deciding to not defend Virginias laws.

If the state of Virginia passed laws forbidding creationism from being taught in schools and a AG decided he wasn't going to defend it in court because he didn't agree with it and thus couldn't find any legal reasoning he could support, would that be okay?

I don't actually have an issue with gay marriage, as I think it's unconstitutional on the basis of gender discrimination, but an AGs job is to defend the laws of the state, not ignore them simply because he disagrees.

But my larger issue as Virginian, so someone actually directly living under this, is that this happens two weeks into office on a MAJOR issue yet he did not make a point about this in any significant way during the election and pointedly tried to deflect around the topic when it was brought up. I find that reprehensible, dishonest, and unfortunate especially in such a razor thin election. The very fact he seemingly hid what was obviously a cause for significant concern for him (as I would hope he wouldn't make such a giant decision based on two weeks of legal research and thinking) knowing it would likely hinder him politically is part of the issue with out political process and culture.

It also is a sterling example if why I don't fault anyone for voting party line...because both sides have become more and more ideological it seems while also gleefully hiding their true intentions during elections. His actions are a wonderful example that stereotypes exist for a reason.
 
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Re: Va. AG's office: Gay marriage ban unconstitutional

Ontologuy said:
Another liberal ideological activist subverts the just will of the people.

That's all that's happened here.

The VA AG doesn't think the law is unconstitutional, he ideologically merely panders to the Disaffected Coalition for votes, nothing more.

Another egregious nose thumbed at the U.S. Constitution and the duties of a public servant.

TH VA AG should be relieved of his official duties.
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Your ignorance of how our government works is not a valid excuse for disenfranchising gays of their rights.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Zyphlin said:
I don't actually have an issue with gay marriage, as I think it's unconstitutional on the basis of gender discrimination, but an AGs job is to defend the laws of the state, not ignore them simply because he disagrees.
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But you would agree that AG's prioritize which laws they choose to enforce more, wouldn't you? Attorney Generals often make a career of going after just organized crime, drugs, guns crimes, etc. Something's got to make it onto the top of his "couldn't give a crap" list. Might as well be the law against gay marriage.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

When we next get a republican AG, I wonder if people should file suit against the states income tax and then the AG just declare he won't actually defend the states law. Or any laws regulating business or the environment. Or if the state began implementing Obamacare and lawsuits sought to stop it. Or any other law that republicans don't like. Because apparently we should simply have AGs who won't defend the laws of the state if he doesn't like it and this says he doesn't agree with any arguments in favor of the law.
 
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Re: Va. AG's office: Gay marriage ban unconstitutional

Cardinal said:
But you would agree that AG's prioritize which laws they choose to enforce more, wouldn't you? Attorney Generals often make a career of going after just organized crime, drugs, guns crimes, etc. Something's got to make it onto the top of his "couldn't give a crap" list. Might as well be the law against gay marriage.
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Or taxes, or education, or businesses, or the environment...let's just go hog wild interjecting ideology heavily into yet another sector of government. Or are you in favor of it only when it's being done towards things you agree with?

Sorry cardinal, I don't by the "prioritize" excuse. This isn't about privatizing, and the AG even admitted as much...he doesn't think its constitutional personally, so he's just not going to defend it.
 
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