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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHolder Says State Attorneys General Don’t Have to Defend Gay Marriage Bans
Holder Says State Attorneys General Dont Have to Defend Gay Marriage Bans
By MATT APUZZOFEB
Washington Attorney General Eric H. Holder Jr. said Monday that state attorneys general who believe that laws in their states banning same-sex marriage are discriminatory are not obligated to defend them.
<...>
Six state attorneys general all Democrats have refused to defend bans on same-sex marriage, prompting criticism from Republicans who say they have a duty to defend their state laws, not just the ones they agree with.
Mr. Holder said when laws touch on core constitutional issues like equal protection, an attorney general should apply the highest level of scrutiny before reaching a decision on whether to defend it. He said the decision should never be political or based on policy objections.
<...>
Mr. Holders own refusal to defend the federal Defense of Marriage Act in 2011 helped lead to last years Supreme Court decision striking down the law as unconstitutional.
- more -
http://www.nytimes.com/2014/02/25/us/holder-says-state-attorneys-general-dont-have-to-defend-gay-marriage-bans.html
By MATT APUZZOFEB
Washington Attorney General Eric H. Holder Jr. said Monday that state attorneys general who believe that laws in their states banning same-sex marriage are discriminatory are not obligated to defend them.
<...>
Six state attorneys general all Democrats have refused to defend bans on same-sex marriage, prompting criticism from Republicans who say they have a duty to defend their state laws, not just the ones they agree with.
Mr. Holder said when laws touch on core constitutional issues like equal protection, an attorney general should apply the highest level of scrutiny before reaching a decision on whether to defend it. He said the decision should never be political or based on policy objections.
<...>
Mr. Holders own refusal to defend the federal Defense of Marriage Act in 2011 helped lead to last years Supreme Court decision striking down the law as unconstitutional.
- more -
http://www.nytimes.com/2014/02/25/us/holder-says-state-attorneys-general-dont-have-to-defend-gay-marriage-bans.html
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Holder Says State Attorneys General Don’t Have to Defend Gay Marriage Bans (Original Post)
ProSense
Feb 2014
OP
If, they allow the bans to stand, then where would be the next target, repeals of
RKP5637
Feb 2014
#1
RKP5637
(67,030 posts)1. If, they allow the bans to stand, then where would be the next target, repeals of
the civil rights laws of the 60's. I'm sure a number of states would love to bring back segregation. We boast about equality in the US, then allow laws to dictate for whom that equality is to exist. Freedom, civil rights and equality are a non-ending battle in the US which boasts of equal rights to the rest of the world.
stillcool
(32,626 posts)2. state laws..
How can a district attorney not recognize a state law, even if it is discriminatory? I don't get it.
ProSense
(116,464 posts)3. The SCOTUS already declared such discrimination unconstitutional. n/t
RKP5637
(67,030 posts)4. I think he's talking about the state attorney's, not DA's, and how that relates to the Fed. They
apparently can ignore enforcement, much as Holder has done.
Oops, I see ProSense just gave you the answer!
ProSense
(116,464 posts)5. Kick! n/t
MyOwnPeace
(16,887 posts)6. Here in PA..........
Gov. Tom Corporate, the Repukes, and Baggers went nuts when our AG Kathleen Kane refused to defend our own caveman laws on appeal.
Way to go, Atty. General Kane!
ProSense
(116,464 posts)7. Excellent. n/t