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

  1. #41
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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by Deuce View Post
    Defend on what grounds?
    He's the atty general of the state and his job description is codified. He knew it going in. His job is to defend the state constitution against all comers. He's supposed to have the skills necessary to do that job.

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

    Quote Originally Posted by danarhea View Post
    Today's word is Constitutional.

    No it isn't. It's his job to defend laws that are Constitutional. But KKK members in Mississippi, a state that that had laws barring black people from voting, will disagree with me. Of course, THEIR attorney general defended that law. Was he right to do so? Hell no. He was breaking FEDERAL law, which trumps state laws in such matters. Will of the people only works until the will of the people tramples the rights of others. Then it no longer counts.
    he doesn't get to decide what is constitutional or not. he is the state AG that is suppose to defend the laws of his state period.

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

    Quote Originally Posted by ludin View Post
    he doesn't get to decide what is constitutional or not. he is the state AG that is suppose to defend the laws of his state period.

    That's like saying soldiers in the Wehrmacht weren't guilty of war crimes because they were simply obeying orders.

    The Attorney General does get to decide "what is constitutional" - that is part of his job



    http://www.ag.virginia.gov/About%20t...AG%20Codes.pdf

    § 2.2-505 - Official opinions of Attorney General
    A. The Attorney General shall give his advice and render official advisory opinions in writing
    only when requested in writing so to do by one of the following: the Governor; a member of the
    General Assembly; a judge of a court of record or a judge of a court not of record; the State
    Corporation Commission; an attorney for the Commonwealth; a county, city or town attorney in
    those localities in which such office has been created; a clerk of a court of record; a city or county
    sheriff; a city or county treasurer or similar officer; a commissioner of the revenue or similar officer;
    a chairman or secretary of an electoral board; or the head of a state department, division, bureau,
    institution or board.

    The AG's filing in the case under discussion - Virginia attorney general's petition to change state's position in gay-marriage case - The Washington Post
    “And I have no doubt that every new example will succeed, as every past one has done, in shewing that religion & Govt will both exist in greater purity, the less they are mixed together.”
    ~ James Madison, letter to Edward Livingston, July 10, 1822

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

    Quote Originally Posted by clownboy View Post
    He's the atty general of the state and his job description is codified. He knew it going in. His job is to defend the state constitution against all comers. He's supposed to have the skills necessary to do that job.

    On what basis is the law defendable in court? What would you say in its defense?
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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

    Quote Originally Posted by Deuce View Post
    On what basis is the law defendable in court?
    A state can defend its laws.

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

    Quote Originally Posted by Deuce View Post
    On what basis is the law defendable in court? What would you say in its defense?
    I am not the Virginia AG nor any state's AG. There are a plethora of state laws that AG's don't agree with personally, yet they can and do defend them in court as part of their duty of office. In the same way a defense atty must give their all to defend their clients.

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

    Quote Originally Posted by ludin View Post
    actually he is probably violating the law just like Obama did.

    the law was passed by the people of the state. it is up to the AG to defend the law regardless if he agrees with the law or not. just like it is Obama's job to uphold the law of the land.
    you don't get to pick and choose which laws you want to defend or not defend.

    that isn't how it works. for some reason these people forget this.
    false as this was discussed with the PA case the AG is to defend the law if they feel its unconstitutional and they can personally refuse at least in the way the PA description was written and there are still others that can step in and theres no laws broken so you might want to check into that, MAYBE VA is different but i doubt it
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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by ludin View Post
    he doesn't get to decide what is constitutional or not. he is the state AG that is suppose to defend the laws of his state period.
    The courts in other states have already ruled on the constitutionality of the law. Hence he does not have to spend taxpayer money defending something that is clearly illegal. Of course, I realize that other AG's in the past have defended their state laws. Jim Crow comes to mind. Just because it's the will of the people doesn't mean it's legal.
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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by clownboy View Post
    No, he is abandoning his oath of office which is to defend the STATE constitution. In Virginia the ban on homosexual marriage is part of the STATE constitution. Neither the SCOTUS nor the Fourth Circuit Court of Appeals has declared this provision in their constitution federally unconstitutional. Thus it remains his duty to defend the Virginia STATE constitution. That is the duty he signed on to. He has abrogated his duty and thus is subject to impeachment.
    You are dead wrong. The oath of office includes "To defend the Constitution of the United States of America". This comes before all else. If he believes a law to be in violation of the Constitution of the United States, then it is his sworn duty not to defend that law. Period.

    And don't give me that BS about the Supreme Court not ruling yet. They didn't rule Jim Crow laws out for many years, and those laws were gross violations of peoples' constitutional rights.

    Sorry, but you do not have a leg to stand on here.
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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by clownboy View Post
    I am not the Virginia AG nor any state's AG. There are a plethora of state laws that AG's don't agree with personally, yet they can and do defend them in court as part of their duty of office. In the same way a defense atty must give their all to defend their clients.
    There's no defense to be had, because the laws have no basis to stand on. Even you can't name such a basis.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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