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

  1. #81
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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by clownboy View Post
    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.
    At least 3 federal courts have now ruled the banning SSM is unconstitutional so yeah

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

    Quote Originally Posted by Sherman123 View Post
    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?
    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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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by chromium View Post
    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.
    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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    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)

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

    Quote Originally Posted by Sherman123 View Post
    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?
    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.

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

    Quote Originally Posted by Somerville View Post
    The office of Attorney General in Virginia is an elective position
    - Obenshain concedes Virginia attorney general’s race to Herring - The Washington Post
    Thanks for the correction...quite surprised he was willing to risk it then

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

    Quote Originally Posted by JoeTrumps View Post
    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)
    It actually took about two years.
    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 JoeTrumps View Post
    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)
    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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    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.


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    “When buying and selling are controlled by legislation, the first things to be bought and sold are legislators.” - P. J. O’Rourke
    “Socialism is great until you run out of someone elses money” Margaret Thatcher

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

    Quote Originally Posted by chromium View Post
    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.
    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.
    This space is currently owned by The Great Winchester, stay tuned for future messages!
    Make America Great Again!
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