The differences in the reactions to Mark Herring's decision to not defend Virginia's unconstitutional gay marriage ban continue to reverberate. The Virginia GOP, no doubt under extreme pressure from the Christofascists in the party base, are acting as if the world were ending as if an huge asteroid is about to strike Virginia. Meanwhile, the Virginian Pilot has released a main editorial supporting Mark Herring's decision. Here are excerpts from the editorial:
As attorney general, Mark Herring has the responsibility to defend Virginia's laws and constitution - so long as he has a good-faith basis on which to do so.
That basis no longer exists when it comes to the state's constitutional amendment banning same-sex marriage.
Twenty-eight other states have amended constitutions to include such a prohibition; four more have done so through statute. But in recent years, federal courts have systematically dismantled the legal underpinnings of this position. Virginia is now one of several states defending lawsuits filed by gay residents seeking the right to marry, and legal precedent leaves the outcome all but written.
Herring recognizes this and, on Thursday, announced that he could not "and will not defend a law that violates Virginians' fundamental constitutional rights."
Herring's actions aren't without precedent; in fact, he pointed to his predecessor, Republican Ken Cuccinelli, who refused to defend a state law approved last year. That measure created a statewide school district to take over local schools that fail to achieve accreditation.
The marriage-related court cases, of course, will go on, as the lawsuit against Virginia's statewide school district has. Defendants will be represented by other counsel already in place. Oral argument in one of the marriage lawsuits is set for Jan. 30 in Norfolk.
But Herring's decision shifts the state's official position on a matter of major social import, a significant development for a state that once defended an unconstitutional ban on interracial marriage.
Even the often reactionary Richmond Times Dispatch conceded that Herring was correct on the substance of the Marshall-Newman Amendment's unconstitutional status, although it disagrees wit the process by which Herring has sought to hasten its demise. None of this, of course means anything to the Virginia GOP which, as the Washington Post reports is demanding that Governor McAuliffee defend the unconstitutional marriage ban. Here are story highlights:
Dozens of Republican lawmakers signed a letter Friday calling on Gov. Terry McAuliffe to provide legal counsel to defend Virginia’s constitutional amendment banning same-sex marriage. “Our attorney just quit on us,” said C. Todd Gilbert (R-Shenandoah), one of 32 delegates who signed the letter. “I guess we need someone to stand up for us in court.”
All but one of the delegates signing the letter were Republican, including House Majority Leader M. Kirkland Cox (R-Colonial Heights), Timothy D. Hugo (R-Fairfax) and David B. Albo (R-Fairfax). The Democrat was Johnny S. Joannou of Portsmouth. Del. Robert G. Marshall (R-Prince William) drafted the letter, circulated it and delivered it to the governor’s staff Friday.
The House GOP took a separate step Friday to fight the decision by Herring not to defend the marriage ban. Over strenuous objections by Democrats, Republicans on the House Courts of Justice Committee approved a bill giving the General Assembly the right to intervene and hire counsel when the governor or attorney general declines to defend Virginia law.
On Thursday, Herring called the Republican proposal to let the legislature defend state laws “unnecessary.” He said, “Virginia has one attorney general, and I think it’s going to stay that way.”
Nonetheless, legislators put the bill on a speedier-than-usual path Friday to the full House of Delegates. The House’s top Democrat, David J. Toscano (D-Charlottesville) called the move “a classic case of nontransparent legislating.”
He said the bill raises serious constitutional and practical questions. “What we’re going to do with this bill is create 140 little attorney generals,” Toscano said. “It’s a recipe for chaos.”
Today's Virginia GOP is little better than the segregationists who cited the Bible as their justification as they pushed "Massive Resistance" and closed public schools in parts of Virginia rather than allow black children attend. These are NOT nice and decent people and I hope history's judgment of them is scathing. The sooner conservative Christianity becomes a dead form of religious belief, the better off Virginia and America will be. It is a blight on human existence.
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