• This is a political forum that is non-biased/non-partisan and treats every person's position on topics equally. This debate forum is not aligned to any political party. In today's politics, many ideas are split between and even within all the political parties. Often we find ourselves agreeing on one platform but some topics break our mold. We are here to discuss them in a civil political debate. If this is your first visit to our political forums, be sure to check out the RULES. Registering for debate politics is necessary before posting. Register today to participate - it's free!

State attorney general won’t defend gay marriage ban

B

Blue_State

DP Veteran
Joined
Aug 30, 2011
Messages
5,396
Reaction score
2,223
Location
In a Blue State
Gender
Male
Political Leaning
Very Liberal
State attorney general won't defend gay marriage ban | TribLIVE

“I cannot ethically defend the constitutionality of Pennsylvania's (law banning same-sex marriage), where I believe it to be wholly unconstitutional,” Kane told reporters in Philadelphia on Thursday.
Click to expand...

I very much respect this woman for standing up for her principles. I believe she should leave her job because it is her job to defend the state's laws. However, great to see her standing up for what she believes is right. Tough call on her part.
 
Fisher said:
Would you respect her for standing up for her principles if she were going the way?
Click to expand...

If she were going the way?

I find her position very hard. She is there to defend the laws of her state. She doesn't agree with a law that she is suppose to defend. I am assuming she would be unable to give it the proper defense since it is something she feels is unethical.

Because she isn't doing a garbage defense and removing herself from the situation, I think she is doing the right thing.
 
I wonder if state executives generally have the power to not enforce laws that they see as unconstitutional the way POTUS does.
If so I'd say that while her principaled stand is admirable it's not her decision to make.
 
Gaius46 said:
I wonder if state executives generally have the power to not enforce laws that they see as unconstitutional the way POTUS does.
If so I'd say that while her principaled stand is admirable it's not her decision to make.
Click to expand...

I agree. That is why I believe she should stop down from her job.
 
Blue_State said:
If she were going the way?

I find her position very hard. She is there to defend the laws of her state. She doesn't agree with a law that she is suppose to defend. I am assuming she would be unable to give it the proper defense since it is something she feels is unethical.

Because she isn't doing a garbage defense and removing herself from the situation, I think she is doing the right thing.
Click to expand...

So if she were a clerk whose principles were that gay people should not be allowed to marry and she refused to issue a gay couple a marriage license even though it was legal for them to marry, you would defend her for risking her job and standing up for her principles?
 
Blue_State said:
State attorney general won't defend gay marriage ban | TribLIVE



I very much respect this woman for standing up for her principles. I believe she should leave her job because it is her job to defend the state's laws. However, great to see her standing up for what she believes is right. Tough call on her part.
Click to expand...

Based on the article, I'm not sure she should necessarily leave her job. It says that it is allowable to leave it up to the government office's lawyers in the name of efficiency or in the state's best interests. If that is so, I believe it is in the best interest of that law to have it defended by Governor Corbett's lawyers rather than giving a half-hearted defense by someone on record disapproving of the law. I'm not sure it would be necessary for her to step down.
 
This isn't about the attorney general's refusal to uphold the law, it's about her refusal to defend it within the context of the challenge to that law's constitutionality. This is exactly the same non-story as when Obama refused to defend DOMA.
 
Cardinal said:
This isn't about the attorney general's refusal to uphold the law, it's about her refusal to defend it within the context of the challenge to that law's constitutionality. This is exactly the same non-story as when Obama refused to defend DOMA.
Click to expand...

Except that according to the article, unlike the Obama administration, the Attorney General's office in Pennsylvania was created with the duty to uphold the constitutionality of the law. I can still read it as her doing her best to defend it by not giving a half-hearted attempt and allowing its defense to rest on the Governor's lawyers. But it is not as cut and dry as Obama's non-defense of DOMA.
 
Anagram said:
Except that according to the article, unlike the Obama administration, the Attorney General's office in Pennsylvania was created with the duty to uphold the constitutionality of the law. I can still read it as her doing her best to defend it by not giving a half-hearted attempt and allowing its defense to rest on the Governor's lawyers. But it is not as cut and dry as Obama's non-defense of DOMA.
Click to expand...

Yes, but she's allowed to delegate the defense to an underling, which is precisely what she's done.

article said:
Under Pennsylvania law, it is the attorney general's duty to defend the constitutionality of state laws. The law, however, says the attorney general can allow lawyers for the governor's office or executive-branch agencies to defend a lawsuit if it is more efficient or in the state's best interests.

Kane, who supports same-sex marriage, said she will leave the job to Corbett, who opposes same-sex marriage.
Click to expand...

/thread
 
Cardinal said:
Yes, but she's allowed to delegate the defense to an underling, which is precisely what she's done.



/thread
Click to expand...

I agree with you, it just isn't quite the same non-story as Obama's non-defense of DOMA.
 
Anagram said:
I agree with you, it just isn't quite the same non-story as Obama's non-defense of DOMA.
Click to expand...

She doesn't want to defend the constitutionality of the law, so, as law demands, she's left it to an underling. So where's the story?
 
Cardinal said:
She doesn't want to defend the constitutionality of the law, so, as law demands, she's left it to an underling. So where's the story?
Click to expand...

I meant that it isn't the exact same situation. There is a slight difference between the Obama administration's duties and the Pennsylvania attorney generals. Really we're just splitting hairs, I agree with you.
 
Anagram said:
I meant that it isn't the exact same situation. There is a slight difference between the Obama administration's duties and the Pennsylvania attorney generals.
Click to expand...

Not in the sense that both were operating within the law.

Anagram said:
Really we're just splitting hairs, I agree with you.
Click to expand...

Okay.
 
Pennsylvania attorney general refuses to defend gay marriage ban

WOOOOWHOOO!
looks like things are setting up in my state so it will be among the group next in line to have legal gay marriage, grant equal rights and stop discriminating.

Makes me proud and happy, just like when we got castle laws



Pennsylvania attorney general refuses to defend gay marriage ban

Pennsylvania attorney general refuses to defend gay marriage ban
"We are the land of the free and the home of the brave, and I want to start acting like that," Kane said at a news conference Thursday in Philadelphia. Kane, a Democrat, said she believes the state's law is unconstitutional and can't in good conscience defend it.
Click to expand...

Ms. Kane, a Democrat, traveled from Harrisburg, where the suit was filed in Federal District Court on Tuesday, to make her announcement at the National Constitution Center in Philadelphia. She quoted from Pennsylvania’s Constitution forbidding discrimination “against any person” and said that “disparate treatment” based on race, religion and ethnic origin were no longer tolerated, and “it is now the time here in Pennsylvania to end another wave of discrimination.”
Click to expand...

alternative link:
http://www.nytimes.com/2013/07/12/u...ral-wont-fight-gay-marriage-lawsuit.html?_r=0
 
Much as I think lawyers should be able to advocate for positions they disagree with - having her defend the law could taint a decision that invalidated it.
 
AGENT J said:
factually false, why do you make stuff up?
Click to expand...

Is it not the State Attorney's duty to defend the law? Is that not their job? If I'm wrong I am wrong, but that is what I understand it to be.
 
people the law is on her side the law allows her to pass this off to others in the governor's office or executive-branch to defend this.
its amazing how much people just post, dont read articles and just assume and make stuff up
 
davidtaylorjr said:
Is it not the State Attorney's duty to defend the law? Is that not their job? If I'm wrong I am wrong, but that is what I understand it to be.
Click to expand...

again you are factually wrong as usual
the law is on her side the law allows her to pass this off to others in the governor's office or executive-branch to defend this
 
davidtaylorjr said:
Is it not the State Attorney's duty to defend the law? Is that not their job? If I'm wrong I am wrong, but that is what I understand it to be.
Click to expand...

Apparently you're wrong. She can under state law delegate defense to the governor's legal team or an executive department and she has chosen to do so. Since she disagrees with the law and may arguably not mount a vigorous defense of it, it is the right decision.
 
Blue_State said:
State attorney general won't defend gay marriage ban | TribLIVE



I very much respect this woman for standing up for her principles. I believe she should leave her job because it is her job to defend the state's laws. However, great to see her standing up for what she believes is right. Tough call on her part.
Click to expand...

Another Democrat who refuses to uphold the oath of office they took. The same thing happened in California, Both the Governor and Attorney General (both liberal Democrats) refused to defend Prop 8 in front of the SCOUS in violation of the oath of office they took.

This seems to have become the SOP of Democrats who have been elected to public office and have taken an oath but ignore the oath they took. From President Obama all the way down to dog catcher.
 
You must log in or register to reply here.
Back
Top Bottom