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State attorney general won’t defend gay marriage ban

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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.
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.
 

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Would you respect her for standing up for her principles if she were going the way?
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.
 

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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.
 

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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.
I agree. That is why I believe she should stop down from her job.
 

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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.
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?
 

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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.
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.
 

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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.
 

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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.
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.
 

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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.
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.
/thread
 

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



/thread
I agree with you, it just isn't quite the same non-story as Obama's non-defense of DOMA.
 

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I agree with you, it just isn't quite the same non-story as Obama's non-defense of DOMA.
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?
 

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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?
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.
 

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

Really we're just splitting hairs, I agree with you.
Okay.
 

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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.
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.”
alternative link:
http://www.nytimes.com/2013/07/12/u...ral-wont-fight-gay-marriage-lawsuit.html?_r=0
 

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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.
 

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davidtaylorjr

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factually false, why do you make stuff up?
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.
 

AGENT J

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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
 

AGENT J

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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.
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
 

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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.
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.
 

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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.
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.
 
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