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“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.
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.
Would you respect her for standing up for her principles if she were going the way?
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.
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.
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.
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.
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.
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.
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.
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.
"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.”
That is a violation of her duty and she should be removed.
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.
factually false, why do you make stuff up?
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
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.
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.
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.
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