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

  1. #51
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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by scatt View Post
    A state can defend its laws.
    That's what you'd say in court?
    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

    Leave it to lawyers to screw up something as nice as democracy. SMH.

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

    Quote Originally Posted by digsbe View Post
    So he's just not going to defend laws the people supported because he doesn't like it.
    Anybody else find that this sounds like something a white person in the 50s would say about segregation?
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

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

    Quote Originally Posted by danarhea View Post
    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.
    How the courts in other states rule is of no concern here. Only the federal courts ruling his state's constitutional provision unconstitutional are of any concern to his positive duty to defend his state's laws and constitution. Jim Crow has nothing to do with this whatsoever. But I appreciate the backdoor attempt at the racial Godwins. Hilarious.

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

    Quote Originally Posted by Deuce View Post
    That's what you'd say in court?
    What?

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

    Quote Originally Posted by danarhea View Post
    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.
    Wow, of course you are wrong, but hey, don't let that change your mind. Again, it is NOT his duty, his job or his oath to adjudicate constitutionality. His oath does indeed include the part you left off "AND the constitution of the commonwealth of Virginia". Since the folks whose job it is in fact to adjudicate constitutionality have not found Virginia's constitution unconstitutional federally, the Virginia constitution as it stands is wholly constitutional.

    IF that ever changes, he will then have the excuse to not defend his state's constitution. Until that day, he has abandoned his oath of office and his sworn duty.

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

    Quote Originally Posted by scatt View Post
    What?
    I asked what people would say to defend it in court. You said "states can defend laws in court."
    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

    SO has anybody posted the AG oath yet?
    has anybody post Va law on this yet?

    wellim could be wrong i admit but im GUESSING they are similar to PAs and if so the AG is doing his job and no law or oaths were broken

    heres how it worked in PA

    the law says
    attorney general may allow lawyers for the governor's office or executive-branch agencies to defend a lawsuit if it is more efficient or in the state's best interests.
    the oath says:
    "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity."
    she says:
    "I cannot ethically defend the constitutionality of Pennsylvania's version of DOMA, (law banning same-sex marriage), where I believe it to be wholly unconstitutional," Kathleen Kane told reporters at the National Constitution Center in Philadelphia on Thursday
    NOW what is ACTUALLY happening:
    The American Civil Liberties Union filed the first known legal challenge to Pennsylvania’s Defense of Marriage Act in Harrisburg earlier this week, naming Corbett, Kane and three other state officials as defendants. The suit argues that Pennsylvania’s law violates a fundamental right to marry and also goes against the Constitution’s equal protection clause.
    Since Kane has declined to defend the law, the responsibility falls to Tom Corbett(former AG) to decide what to do. Pennsylvania General Counsel stated Thursday afternoon that Corbett’s office or a legal team of his staff “will continue to review the lawsuit"
    you can disagree with her position all day long but she broke no laws nor did she violate her oath and she has totally fulfilled her job duties, there is zero logical support to think otherwise.
    so again i could be wrong cause i didnt look it up but if this is similar to the VA case, everything is in order
    if its not then maybe theres an issue here that needs looked at right away regardless if i agree or not
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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by Deuce View Post
    I asked what people would say to defend it in court.
    You asked me to do the job of the Virginia AG?

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

    Quote Originally Posted by clownboy View Post
    Wow, of course you are wrong, but hey, don't let that change your mind. Again, it is NOT his duty, his job or his oath to adjudicate constitutionality. His oath does indeed include the part you left off "AND the constitution of the commonwealth of Virginia". Since the folks whose job it is in fact to adjudicate constitutionality have not found Virginia's constitution unconstitutional federally, the Virginia constitution as it stands is wholly constitutional.

    IF that ever changes, he will then have the excuse to not defend his state's constitution. Until that day, he has abandoned his oath of office and his sworn duty.
    He is defending the state's constitution by not presenting unconstitutional arguments for an unconstitutional law. How hard is this? He's not adjudicating anything, there just isn't any argument he can make in court. Notice that not one conservative in this thread has presented a legal argument they think he can make.
    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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