Governor McAuliffe Rejects GOP Request for Special Counsel in Virginia Gay Marriage Lawsuit

This afternoon Virginia Governor Terry McAuliffe rejected the request of Republican members of the General Assembly that a special counsel be appointed to defend Virginia's gay marriage ban in Bostic v. Rainey.  The request came after Attorney General Mark Herring has decided that he believes the ban is unconstitutional under recent federal court decisions and that, therefore, his office will no longer defend the anti-gay animus based Marshall-Newman Amendment.  As noted in prior posts, Circuit Court Clerks from Norfolk and Prince William Count remain defendants in the case and are continuing to mount a defense to the plaintiffs' lawsuit.   Also, ironically the organization be hind the ban in the first place, The Family Foundation, has filed an amicus brief in the case and will be afforded 30 minutes of no doubt spittle flecked oral argument as to why the ban is not an unconstitutional, religious based discriminatory law directed at harming LGBT Virginians.  It goes without saying that McAuliffe's rejection of the GOP request has pushed the GOP/Christofascist hysteria to a crescendo level.  Metero Weekly has details on McAuliffe's action.  Here are highlights:

Gov. Terry McAuliffe (D) on Monday refused to appoint a special counsel to defend a state law prohibiting recognition of any form of same-sex relationship in the upcoming case of Bostic v. Rainey, in which two same-sex couples from the Hampton Roads area are suing to obtain marriage licenses. In a letter responding to a request from members of the House of Delegates to appoint a special counsel, McAuliffe declined to do so, citing that the defendants in the case, which is scheduled to be heard in court this week, already have substantial representation.

"In the present case, Virginia's same-sex marriage ban is being vigorously and appropriately defended by the Clerk of the Court for the City of Norfolk and the Clerk of the Court for Prince William County, as well as parties appearing as amicus curiae in the case. Accordingly, I respectfully decline to appoint special counsel in this matter."

The lawmakers' letter was sent to McAuliffe following the announcement last Thursday by Attorney General Mark Herring (D) that the Commonwealth of Virginia will no longer argue that the amendment banning recognition of same-sex relationships is constitutional. In a press conference, Herring said he had carefully reviewed the law and found it to be unconstitutional because it discriminates against same-sex couples on the basis of sexual orientation and gender. But Herring also said that his refusal to argue the constitutionality of the law did not mean the case would not go forward, as the defendants in the case already have legal representation willing to argue in favor of upholding the ban.

Republicans in the House of Delegates are expected to vote on HB706, a bill, patroned by Gilbert, that would allow any current member of the General Assembly to intervene and defend in court a law passed by the General Assembly if the law is being challenged and the governor and attorney general choose not to defend it. The measure passed out of the House Committee on Courts of Justice on a party line vote on Friday, and is expected to be voted upon this week.

 One has to wonder how many of these Republican legislators truly oppose gay marriage as opposed to simply being afraid to cross the always vicious "godly Christians" at the Family Foundation.  It is interesting that those who signed did not sign over signature blocks and that many of the signatures are utterly illegible.  Are they looking for a grounds for plausible denial if challenged by non-Christofascist constituents?