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

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

Deuce said:
Again, the law is being enforced. Learn the difference between a defense in court and enforcement.

I posted the legal brief. Did you read it?
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No, I did not see your legal brief. I'll look at it when I get a chance.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Oath
Constitution of Virginia
"I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as ... according to the best of my ability (so help me God)."
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Law
http://www.ag.virginia.gov/About the Office/2011 OAG Codes.pdf

Legal Brief
Virginia won't defend its same-sex marriage ban


everything is in order

law and oath support his actions
 
Re: Va. AG's office: Gay marriage ban unconstitutional

clownboy said:
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.
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He won't be removed from office because he didn't defend an unconstitutional law. I guess they figured wrong when they made DOMA an amendment, better luck next time.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Anthony60 said:
No, it effectively is not. Change the law, if they want, that's fine. Seems this is getting to more common lately. You get into office and decide not to enforce some laws. Not good.
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Thomas Jefferson refused to enforce the Sedition Act. Should he have been impeached?
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Deuce said:
Thomas Jefferson refused to enforce the Sedition Act. Should he have been impeached?
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so what's your point. elected officials should only enforce laws they find acceptable?
 
Re: Va. AG's office: Gay marriage ban unconstitutional

JoeTrumps said:
so what's your point. elected officials should only enforce laws they find acceptable?
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Yes. That is why they are elected. If the electorate does not approve then their political career will have no future. It is a choice of principle.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

JoeTrumps said:
so what's your point. elected officials should only enforce laws they find acceptable?
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How's about we look at laws on the books by the various states that are not enforced
 
Re: Va. AG's office: Gay marriage ban unconstitutional

JoeTrumps said:
so what's your point. elected officials should only enforce laws they find acceptable?
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When a strong legal argument can be made for the law being unconstitutional. Don't pretend this is just some whimsical notion or personal preference, the AG spelled out a legal argument.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

winston53660 said:
How's about we look at laws on the books by the various states that are not enforced
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if the citizens of that state want those laws enforced they can make it happen. laws that are not enforced means you can't even find a handful of people who care about it's enforcement. That is not the case here. This is a divisive issue people care about and want the law enforced.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Deuce said:
When a strong legal argument can be made for the law being unconstitutional. Don't pretend this is just some whimsical notion or personal preference, the AG spelled out a legal argument.
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"strong legal arguments" mean zip. If they were so strong they would be law, not still just legal arguments. You can't just skip a step like that.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

JoeTrumps said:
if the citizens of that state want those laws enforced they can make it happen. laws that are not enforced means you can't even find a handful of people who care about it's enforcement. That is not the case here. This is a divisive issue people care about and want the law enforced.
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From Tennessee you speak for the citizens of Virginia? The law is being enforced as of now I know of no recorded gay marriage in that state.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

JoeTrumps said:
"strong legal arguments" mean zip. If they were so strong they would be law, not still just legal arguments. You can't just skip a step like that.
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Nothing is being skipped. This is the process we have for removing an unconstitutional, unjust, and unAmerican law. Virginia, at least, wont find itself the last bastion of hate again.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

good grief lol

THE LAW IS BEING ENFORCE!

AGENT J said:
Oath
Constitution of Virginia
"I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as ... according to the best of my ability (so help me God)."
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Law
http://www.ag.virginia.gov/About the Office/2011 OAG Codes.pdf

Legal Brief
Virginia won't defend its same-sex marriage ban

from the video
Attorney General Mark Herring said "Rainey ( State Registrar of Vital Records Janet M. Rainey) will continue to enforce the current band but neither she not I will defend its constitutionality"
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from the linked article
Herring's move comes exactly a week before the first challenge to Virginia's same-sex marriage ban is due to be heard in U.S. District Court for the Eastern District of Virginia. Herring said the case, brought by two gay and lesbian couples, will go forward with two regional circuit court clerks defending the ban. In the meantime, the state will continue to enforce it.
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from the brief
Rainey will continue to enforce the provisions of Virginia law at issue until the judicial branch can render a decision in this matter
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everything is in order

law and oath support his actions
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Re: Va. AG's office: Gay marriage ban unconstitutional

JoeTrumps said:
if the citizens of that state want those laws enforced they can make it happen. laws that are not enforced means you can't even find a handful of people who care about it's enforcement. That is not the case here. This is a divisive issue people care about and want the law enforced.
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the law is being enforced :shrug:
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Section 15-A. Marriage.

That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.

The amendment ratified November 7, 2006, and effective January 1, 2007—Added a new section (15-A).
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Constitution of Virginia

It's part of the Constitution he is sworn to uphold...

It's a shame that the people who supported this essentially have no one to protect their right to vote or even have their legal opinions argued by the state in protection of the state constitution. The same thing happened in Cali with prop 8. The AG didn't like the law so he wouldn't defend it. It's backdoor legalization essentially if you have a private group trying to explain state interest in a court case.

An AG should enforce laws and uphold them in court, especially constitutional amendments. It's a disservice to all citizens to politicize laws and just chose to not enforce things that they don't like.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

digsbe said:
Constitution of Virginia

It's part of the Constitution he is sworn to uphold...

It's a shame that the people who supported this essentially have no one to protect their right to vote. The same thing happened in Cali with prop 8. The AG didn't like the law so he wouldn't defend it. It's backdoor legalization essentially if you have a private group trying to explain state interest in a court case.

An AG should enforce laws and uphold them in court, especially constitutional amendments. It's a disservice to all citizens to politicize laws and just chose to not enforce things that they don't like.
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the law is being enforced everything is factually in order per the law and oath in VA :shrug:
this fact will not change
 
Re: Va. AG's office: Gay marriage ban unconstitutional

digsbe said:
Constitution of Virginia

It's part of the Constitution he is sworn to uphold...

It's a shame that the people who supported this essentially have no one to protect their right to vote or even have their legal opinions argued by the state in protection of the state constitution. The same thing happened in Cali with prop 8. The AG didn't like the law so he wouldn't defend it. It's backdoor legalization essentially if you have a private group trying to explain state interest in a court case.

An AG should enforce laws and uphold them in court, especially constitutional amendments. It's a disservice to all citizens to politicize laws and just chose to not enforce things that they don't like.
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That provision very, very clearly violates the equal protection clause. Not only does it prevent same-sex couples from getting married, it prevents them from even entering into a civil union or any contract that might grant marriage-like benefits.

That you are defending something so blatantly unconstitutional reveals that you really don't give a **** about protecting the constitution. You want to stick it to the gays. Such hate, it's sad, really.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Deuce said:
Not only does it prevent same-sex couples from getting married, it prevents them from even entering into a civil union or any contract that might grant marriage-like benefits.
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They can contract to do that in any state.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

scatt said:
They can contract to do that in any state.
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Marriage has certain benefits that a private contract cannot supply. Individuals can hire a lawyer, spend thousands to set up power of attorney, inheritance, etc, but some benefits just can't be duplicated, and therefore that is not equal.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Deuce said:
Marriage has certain benefits that a private contract cannot supply.
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Why is that?
 
Re: Va. AG's office: Gay marriage ban unconstitutional

scatt said:
Why is that?
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Because that's the law. Certain benefits are granted only to married couples.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Deuce said:
Because that's the law. Certain benefits are granted only to married couples.
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Remove the law.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

scatt said:
Remove the law.
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You want the government to be able to compel someone to testify against their spouse?
 
Re: Va. AG's office: Gay marriage ban unconstitutional

Deuce said:
You want the government to be able to compel someone to testify against their spouse?
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Do that remaining silent thing.
 
Re: Va. AG's office: Gay marriage ban unconstitutional

scatt said:
Do that remaining silent thing.
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The 5th amendment protects you from incriminating yourself, not your spouse.

Regardless, spousal privilege exists and cannot be duplicated by private contract other than marriage. Therefore equal protection is not satisfied.
 
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