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

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

A state can defend its laws.

That's what you'd say in court? :lamo
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Leave it to lawyers to screw up something as nice as democracy. SMH.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

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

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

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


I asked what people would say to defend it in court. You said "states can defend laws in court."
 
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 :shrug:
if its not then maybe theres an issue here that needs looked at right away regardless if i agree or not
 
Re: Va. AG's office: Gay marriage ban unconstitutional

I asked what people would say to defend it in court.

You asked me to do the job of the Virginia AG?
 
Re: Va. AG's office: Gay marriage ban unconstitutional

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

Wouldn't matter, the PA AG is also in violation of her oath of office. The law you quote only allows the AG to use second stringers if it is more efficient to do so or in the state's best interests. Neither is the case here, but rather because she is personally incapable of keeping her oath of office which as you posted reads:

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

I did in post #46

awesome, thank you!

I guess thats why this was said

""After a thorough legal review of the matter, Attorney General Herring has concluded that Virginia's current ban is in violation of the U.S. constitution and he will not defend it," spokesman Michael Kelly wrote.

good to know then like in PA its a none issues and duties and oaths were factually fulfilled

it was post 43 btw ;)
 
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Re: Va. AG's office: Gay marriage ban unconstitutional

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.

So you're saying he cannot kep his oath or do the job he signed on for. Got it.

And the reason is that that is not what this thread is about. No one, but you obviously, wants to turn this into another "is homosexual marriage constitutional" thread. If you really need that, there are hundreds of existing threads that will satisfy your need.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Wouldn't matter, the PA AG is also in violation of her oath of office. The law you quote only allows the AG to use second stringers if it is more efficient to do so or in the state's best interests. Neither is the case here, but rather because she is personally incapable of keeping her oath of office which as you posted reads:

facts already proved your OPINION wrong months ago, sorry you dont like them but they wont change facts are facts.

both her job and oaths were completely fulfilled.

but PLEASE feel free for my entertainment to provide ONE fact that says otherwise and explain why its already been decided that she did.
ONE FACT not your opinion.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

So you're saying he cannot kep his oath or do the job he signed on for. Got it.

No, you think upholding the constitution means he should violate the constitution.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

facts already proved your OPINION wrong months ago, sorry you dont like them but they wont change facts are facts.

both her job and oaths were completely fulfilled.

but PLEASE feel free for my entertainment to provide ONE fact that says otherwise and explain why its already been decided that she did.
ONE FACT not your opinion.

That means she didn't. We all know for FACT that your opinions are not facts though you constantly claim them so. I've already presented the facts here. The AG has a duty to SUPPORT, DEFEND and OBEY the state's laws and constitution.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

No, you think upholding the constitution means he should violate the constitution.

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

1.)That means she didn't.
2.)We all know for FACT that your opinions are not facts
3.) though you constantly claim them so.
4.)I've already presented the facts here.
5.) The AG has a duty to SUPPORT, DEFEND and OBEY the state's laws and constitution.

1.) nope it means she did, the law proves it, the oath proves it, her words prove it and the state of PA along with the governor all agree.

Remind me what do you have on your side besides your proven wrong opinion of "nu-huh"

2.) correct good thing i didnt post any of my opinions on this issues only posted the law, the oath and qoutes from her the govenor and PA reps all agreeing that her oath and duties are in line. Your post lose again to facts

3.) link? and then prove what i claim to be fact wrong.

nope you stated your opinion which the law, the oath, her words, the state of PA and the PA governor all disagree and prove your meaningless opinion wrong lol.

4.) correct which she did per her oath and per the law.

thanks for playing facts destroy you and prove your post wrong again. I love when you post LIES and think anybody honest, educated and objective will believe them and ignore the facts.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

There's no defense to be had, because the laws have no basis to stand on. Even you can't name such a basis.

Yes, and I have in a few of the many, many threads where that is the actual topic. I know you feel you've lost this, but no reason to divert the thread.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Yes I was wrong.

It was#43 not #46

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

Wouldn't matter, the PA AG is also in violation of her oath of office. The law you quote only allows the AG to use second stringers if it is more efficient to do so or in the state's best interests. Neither is the case here, but rather because she is personally incapable of keeping her oath of office which as you posted reads:

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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