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

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

Quick, look, The dems support homosexual marriage. Wow, what breaking news. Frankly, I'm tired of the whole mess and the force it down peoples throats approach.

In the last 5 years, it has been the same. Obama/dems do something stupid, multiple articles on how dems support homosexual marriage.

The economy still sucks and is not really recovering, but hey, Obama supports homosexual marriage. Etc.

Ok, this issue will reach the Supreme Court. Until it rules, all these threads and all this hoopla is nothing. Just a bunch of pole smokers spam wasting everyones time. BTW, if you think this is a high priority issue in this county, then pull your ****ing head out of your ass and look around. The country is failing all around us and whether homosexuals get to claim they are married or not is pretty much the bottom of the barrel for issues people should be looking at. If you are looking at it, the your a ****ing useless dumbass that the country would be better off without. Get your god-damned priorities strait.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

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

scatt said:
States can defend their laws. Your want for an "individual" has no legal standing.
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Uhh, the state declined to defend the law.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

ludin said:
It doesn't matter what he believes. that isn't his job. his job is to defend and uphold the laws of the state. not pick and choose which laws he likes or doesn't like.

you keep bringing up an irrelevant argument.
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Upholding the constitution is his job, and an unconstitutional law doesn't do that. Quit trying to deflect this into "he doesn't like it." That's such a lame cop out. Funny how you'll bitch about something you perceive to be violating the constitution and then turn around and demand people defend unconstitutional actions.

Maybe you can tell us the grounds on which to defend the law, given the numerous court cases overturning similar laws, and SCOTUS' declaration that straight people aren't harmed by two dudes marrying. Go ahead. Give us the legal argument you think he can make.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

DVSentinel said:
Quick, look, The dems support homosexual marriage. Wow, what breaking news. Frankly, I'm tired of the whole mess and the force it down peoples throats approach.

In the last 5 years, it has been the same. Obama/dems do something stupid, multiple articles on how dems support homosexual marriage.

The economy still sucks and is not really recovering, but hey, Obama supports homosexual marriage. Etc.

Ok, this issue will reach the Supreme Court. Until it rules, all these threads and all this hoopla is nothing. Just a bunch of pole smokers spam wasting everyones time. BTW, if you think this is a high priority issue in this county, then pull your ****ing head out of your ass and look around. The country is failing all around us and whether homosexuals get to claim they are married or not is pretty much the bottom of the barrel for issues people should be looking at. If you are looking at it, the your a ****ing useless dumbass that the country would be better off without. Get your god-damned priorities strait.
Click to expand...

Children are literally starving in Africa, and you're worried about the economy? Is a bad economy killing you? No? Get your priorities straight, man. Government can only do one thing, apparently, so it must be the absolutely most important thing.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Deuce said:
Uhh, the state declined to defend the law.
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Uhh, I am aware that California failed to defend its law.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Deuce said:
Upholding the constitution is his job, and an unconstitutional law doesn't do that. Quit trying to deflect this into "he doesn't like it." That's such a lame cop out. Funny how you'll bitch about something you perceive to be violating the constitution and then turn around and demand people defend unconstitutional actions.

Maybe you can tell us the grounds on which to defend the law, given the numerous court cases overturning similar laws, and SCOTUS' declaration that straight people aren't harmed by two dudes marrying. Go ahead. Give us the legal argument you think he can make.
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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.
 
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Re: Va. AG's office: Gay marriage ban unconstitutional

scatt said:
Uhh, I am aware that California failed to defend its law.
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Yes, however at least their atty gen had the excuse that the federal circuit court had ruled the state constitutional provision unconstitutional federally. Lame excuse considering the amendment to the state's constitution reflected the direct will of the people, but an excuse nonetheless. This asshat has no such excuse and has simply abandoned his duty.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Deuce said:
Children are literally starving in Africa, and you're worried about the economy? Is a bad economy killing you? No? Get your priorities straight, man. Government can only do one thing, apparently, so it must be the absolutely most important thing.
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Well. I see we don't have to worry about you at the Comprehensionist of the Year competition. Anyone with actual working brain cells would of figured out that parts of it was addressed to those who make such issues the issue their vote hangs on.

Hey, I feel sorry for all the starving people in Africa. Ok, so not all of them. But hell, they are the ones who allowed socialism, so **** them. The only real way to help ourselves and them is to iradicate any adherence or advocacy of any form of socialism. Hitler had it wrong about the Jews and Gypsies, but had a damned good idea and plan for the commies. Lets expand it to all socialist, be they liberals, progressives, socialist, communist or worthless assholes who would go along with such. Until we eliminate all socialist types, we cannot really improve the country or the planet.

FREE THE WORLD, KILL ALL COMMIES FOR MOMMIE!!!!!
 
Re: Va. AG's office: Gay marriage ban unconstitutional

scatt said:
Uhh, I am aware that California failed to defend its law.
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And everyone in this thread was aware that a state has the capability to defend a law. But thanks for pointing it out.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

clownboy said:
Yes, however at least their atty gen had the excuse that the federal circuit court had ruled the state constitutional provision unconstitutional federally. Lame excuse considering the amendment to the state's constitution reflected the direct will of the people, but an excuse nonetheless. This asshat has no such excuse and has simply abandoned his duty.
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His duty is not to protect something unconstitutional. No matter how much you want unconstitutional laws, you don't get to keep them.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

I'm not an overly large proponent of how all of these officials whether it be Holder or Herring or any other Attorney General disregard laws when they feel like it to further a political agenda. I am all for same sex marriage and equal rights for gays, but do it the right way, not the "I don't have enough support so I'll bypass the system" way.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Deuce said:
His duty is not to protect something unconstitutional. No matter how much you want unconstitutional laws, you don't get to keep them.
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That part of his state constitution has not been ruled unconstitutional (nor is it his job to decide the constitutionality of his state's constitution). Thus it is the law of Virginia, and he must by oath and duty defend it. If he doesn't want to do that then he needs to step down and find a job he can perform.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

clownboy said:
That part of his state constitution has not been ruled unconstitutional. Thus it is the law of Virginia, and he must by oath and duty defend it. If he doesn't want to do that then he needs to step down and find a job he can perform.
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Defend on what grounds?
 
Re: Va. AG's office: Gay marriage ban unconstitutional

chromium said:
I'm rather shocked he did this considering the "will of the people" tripe. That's something politicians have mostly been spineless to confront, even with bans from a decade ago. Then again, he's not elected, so i guess it's not as surprising as if a governor did this.
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The office of Attorney General in Virginia is an elective position
- Obenshain concedes Virginia attorney general’s race to Herring - The Washington Post
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Deuce said:
Defend on what grounds?
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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.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

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

ludin said:
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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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 the Office/2011 OAG Codes.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.
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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
 
Re: Va. AG's office: Gay marriage ban unconstitutional

clownboy said:
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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On what basis is the law defendable in court? What would you say in its defense?
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Deuce said:
On what basis is the law defendable in court?
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A state can defend its laws.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Deuce said:
On what basis is the law defendable in court? What would you say in its defense?
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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.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

ludin said:
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.
Click to expand...

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

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

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

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