Virginia Republicans Set Precedent of Opposing Laws Deemed Unconstitutional

As expected one is already hearing shrieks from the far right that the Virginia Attorney General is "supposed to defend the state's laws."  The refrain is riddled with hypocrisy - as is just about everything that comes from the far right and Christofascists - because it is the Virginia GOP itself and past Republican attorney generals who solidified the precedent of not defending laws alleged to be unconstitutional.  While reporting on Mark Herring's decision to not defend Virginia's gay marriage bans, the Richmond Times Dispatch lays out the precedent established by Republican attorney generals, including Ken "Kookinelli" Cuccinelli.  Here are relevant parts of the story:

Today, Herring will argue that it is the role of the attorney general to speak out when he believes state laws violate the Constitution — and that he wouldn’t be the first to do so.

Last year, Cuccinelli said his office would not defend one of Gov. Bob McDonnell’s key education measures in an anticipated legal challenge. The attorney general’s analysis concluded that the law creating a statewide school division to take over academically failing local schools was unconstitutional.

In 2003, Attorney General Jerry W. Kilgore joined attorneys general from 43 states in signing a court brief on behalf of Virginia. It stated that an attorney general is duty-bound to challenge any statute he or she believes to be unconstitutional, thereby serving a vital role in a constitutional system founded upon a separation of powers, Qualls said.

Once again we see the GOP double standard: one rule for themselves and a diifferent one for anyone who disagrees with them.  Here are some further highlights from the piece:

In Norfolk next week, Virginia Solicitor General Stuart Raphael will argue on behalf of the two couples, Qualls said. “But the attorney general will probably be attending the hearing,” she said.

“This is a great day for the commonwealth of Virginia, ” said the plaintiff's’ lead co-counsel, Theodore B. Olson. “Virginia’s marriage laws are needlessly mean-spirited and cause harsh and gratuitous pain and humiliation to gay and lesbian Virginians and their families.

"Attorney General Herring’s actions have brought Virginia that much closer to the quintessential American ideals of equality under the law and the freedom to pursue happiness," Olsen said.  "We are grateful for his leadership and look forward to working with him to strike down Virginia’s odious marriage ban.”

James Parris h, president of the gay rights organization Equality Virginia, said the time for a change has come. “Banning the freedom to marry for couples only because they are gay or lesbian has no constitutional basis. If Attorney General Herring finds the … amendment is no longer defendable on this point, that is a decision with which all LGBT Virginians and Virginians that believe in fairness and equality can agree.”