Arkansas AG supports gay marriage, wi...

Arkansas AG supports gay marriage, will defend ban

There are 42 comments on the The Charlotte Observer story from May 3, 2014, titled Arkansas AG supports gay marriage, will defend ban. In it, The Charlotte Observer reports that:

Arkansas Attorney General Dustin McDaniel is interviewed after speaking to Arkansas Associated Press newspaper editors in Little Rock, Ark., Saturday, May3, 2014.

Join the discussion below, or Read more at The Charlotte Observer.

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Mullah s Day

Philadelphia, PA

#1 May 3, 2014
He looks a little like Mayor Rob Ford after rehab, a serious makeover, and a sudden change in citizenship.
scott j powers

Pittsburgh, PA

#2 May 3, 2014
Defending a ban on same sex marriage while supporting same sex marriage must be aquard.
david traversa

Capilla Del Monte, Argentina

#3 May 3, 2014
The happy medium ? But since the main reason for the ban is the Pseudo-Christian opposition, and the US is NOT a theocracy, it's not only awkward but flagrantly unjust and indefensible .
Mullah s Day

Philadelphia, PA

#4 May 3, 2014
scott j powers wrote:
Defending a ban on same sex marriage while supporting same sex marriage must be aquard.
"Trying to have your c-ck and eat it, too."

As it were. Sort of. In an extended, metaphorical sense.
Larry

Richardson, TX

#5 May 3, 2014
Another politician with a double standard. Will, you just do your job, and follow the US. Constitution you know the one that you swore to when you were elected into office. And quite F n ing around.

Since: Mar 14

Ridgedale, MO

#6 May 4, 2014
McDaniel swore to uphold the Arkansas Constitution when he took office. The Arkansas Constitution specifically defines marriage as a union between one man and one woman.

If McDaniel is unwilling to honor his oath of office and uphold the Arkansas Constitution, he is unfit for office and should resign immediately.
Larry

Richardson, TX

#7 May 4, 2014
BaracklypseNow wrote:
McDaniel swore to uphold the Arkansas Constitution when he took office. The Arkansas Constitution specifically defines marriage as a union between one man and one woman.
If McDaniel is unwilling to honor his oath of office and uphold the Arkansas Constitution, he is unfit for office and should resign immediately.
ITS TIME FOR HIM TO RESIGN IMMENDIATELY PERIOD.

Since: Mar 07

Location hidden

#8 May 4, 2014
BaracklypseNow wrote:
McDaniel swore to uphold the Arkansas Constitution when he took office. The Arkansas Constitution specifically defines marriage as a union between one man and one woman.
If McDaniel is unwilling to honor his oath of office and uphold the Arkansas Constitution, he is unfit for office and should resign immediately.
I think you are having difficulty with the definition of "uphold". I can't find any reference to that word meaning "blind and unreasoning belief".

And, nothing in ANY state constitution can run counter to the federal constitution, which he also swore to "uphold".

So, your reasoning is weak on a couple of counts.

Since: Mar 14

Ridgedale, MO

#9 May 4, 2014
Quest wrote:
I think you are having difficulty with the definition of "uphold". I can't find any reference to that word meaning "blind and unreasoning belief".[QUOTE]

No difficulty at all Quest. Here, let me make easy enough that even you can understand. This is what the Arkansas Constitution states:

"Marriage consists only of the union of one man and one woman."
Amendment 83, Section 1

So, the only blind and unreasoning belief would be those who somehow conclude that the Arkansas Constitution doesn't specifically prohibit homosexual "marriage".

[QUOTE]And, nothing in ANY state constitution can run counter to the federal constitution, which he also swore to "uphold".
No court has ever ruled that Amendment 83 of the Arkansas Constitution violates any portion of the U.S. Constitution. Therefore, it is in full force and effect, and every elected officer in Arkansas is bound thereby, including the Attorney General.

So, as I said before, if the AG is unwilling to honor his oath of office and uphold the Arkansas Constitution, including Amendment 83, then he is unfit for office and should immediately resign.

If you don't like the law here in Arkansas, stay away.

DNF

“Judge less, Love more”

Since: Apr 07

Born in Newark Ohio

#11 May 4, 2014
BaracklypseNow wrote:
McDaniel swore to uphold the Arkansas Constitution when he took office. The Arkansas Constitution specifically defines marriage as a union between one man and one woman.
If McDaniel is unwilling to honor his oath of office and uphold the Arkansas Constitution, he is unfit for office and should resign immediately.
ARTICLE VI
....

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

AMENDMENT XIV SECTION 1.
“ No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws….”

__________
"It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each."
- Chief Justice John Marshall; Marbury v Madison, 5 U.S. 137 (1803)
__________
"The courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges as, a fundamental law. It, therefore, belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents."
- Alexander Hamilton; Federalist No. 78

Since: Mar 14

Ridgedale, MO

#12 May 5, 2014
Fundie Fatwass Decree wrote:
Cletus, you babbling know nothing, laws can be unconstitutional.
We're not talking about a legislative act here Einstein, but rather the Arkansas Constitution itself. As I stated earlier, no court has declared Amendment 83 unconstitutional. Therefore, the AG is under an obligation to uphold it. End of story.

Since: Mar 14

Ridgedale, MO

#13 May 5, 2014
Part of my earlier post failed to display properly. Here it is again:

Quest wrote:
"I think you are having difficulty with the definition of "uphold". I can't find any reference to that word meaning "blind and unreasoning belief"."

No difficulty at all Quest. Here, let me make easy enough that even you can understand. This is what the Arkansas Constitution states:

"Marriage consists only of the union of one man and one woman."
Amendment 83, Section 1

So, the only blind and unreasoning belief would be those who somehow conclude that the Arkansas Constitution doesn't specifically prohibit homosexual "marriage".
Rainbow Kid

Alpharetta, GA

#14 May 5, 2014
BaracklypseNow wrote:
<quoted text>
No court has ever ruled that Amendment 83 of the Arkansas Constitution violates any portion of the U.S. Constitution. Therefore, it is in full force and effect, and every elected officer in Arkansas is bound thereby, including the Attorney General.
So, as I said before, if the AG is unwilling to honor his oath of office and uphold the Arkansas Constitution, including Amendment 83, then he is unfit for office and should immediately resign.
If you don't like the law here in Arkansas, stay away.
GAY marriage will be an OPTION for you; not a requirement
Rainbow Kid

Alpharetta, GA

#16 May 5, 2014
Frank wrote:
<quoted text>
Molesting little boys is an option you queers don't have to take, so why do you????
When we were little boys; our options were limited
.
But now that we're teens; we chase the hot stuff
http://farm8.staticflickr.com/7136/7460704942...
.
Frankiepoo; are YOU a hottie with a private jet and a fat bank account? ;)
Xstain Mullah Franchisee

Philadelphia, PA

#17 May 5, 2014
BaracklypseNow wrote:
<quoted text>
We're not talking about a legislative act here Einstein, but rather the Arkansas Constitution itself. As I stated earlier, no court has declared Amendment 83 unconstitutional. Therefore, the AG is under an obligation to uphold it. End of story.
AGs are not duty bound to defend or enforce things they believe to be unconstitutional, laws or constitutional amendments. You're mistaken.

Windsor has changed the legal landscape for all these absurd laws and amendments at the state level. All you know is that you have a love-hate relationship with male homosexuality.

Since: Mar 14

Ridgedale, MO

#18 May 5, 2014
Rainbow Kid wrote:
GAY marriage will be an OPTION for you; not a requirement
Currently in Arkansas, it is not an option. As stated, the Arkansas Constitution defines marriage as a union between one man and one woman. That precludes homosexual "marriage" in our state.

For those that homosexuals that want to "marry", they have the option of going to another state or country that recognizes and condones it.

Since: Mar 14

Ridgedale, MO

#19 May 5, 2014
Xstain Mullah Franchisee wrote:
AGs are not duty bound to defend or enforce things they believe to be unconstitutional, laws or constitutional amendments. You're mistaken.
I've studied constitutional law for over 30 years and I'm intimately familiar with the Arkansas Constitution. I doubt you've ever even read it.

The FACT is that the Arkansas Constitution requires elected officials, including the Arkansas Attorney General, to swear an oath to uphold the Arkansas Constitution upon taking office. So yes indeed, the Arkansas AG is duty bound, both by law and by oath, to uphold all of the Arkansas Constitution, including Amendment 83 that specifically defines marriage in such a way as to preclude homosexual "marriage".

If the AG is unwilling to honor the Arkansas Constitution and his oath, then he is not fit to hold office and should immediately resign or be removed.
Xstain Mullah Franchisee

Philadelphia, PA

#20 May 5, 2014
BaracklypseNow wrote:
<quoted text>
I've studied constitutional law for over 30 years and I'm intimately familiar with the Arkansas Constitution. I doubt you've ever even read it.
The FACT is that the Arkansas Constitution requires elected officials, including the Arkansas Attorney General, to swear an oath to uphold the Arkansas Constitution
You don't know anything intimately except your closet case obsessions.

This matter has come up in multiple states where various AGs have stopped defending marriage bans (and other laws) because they've come to believe the law or amendment in question is unconstitutional.

That is upholding whatever Constitution.(Of course through the processes of the law it could be later determined the AG was mistaken, you know, like some fundie freeek judge who puts Ten Commandments stones in his courtroom.)

The Windsor decision I referenced as changing the landscape regarding what is constitutional or unconstitutional is not an Arkansas decision, Cletus. It's a federal one. If you somehow think the US Supreme Court has no final say over the Arkansas Constitution then you need to suit up and fight the Civil War again.

You are sexually sick is all that's going on here.

DNF

“Judge less, Love more”

Since: Apr 07

Born in Newark Ohio

#22 May 8, 2014
BaracklypseNow wrote:
<quoted text>
Currently in Arkansas, it is not an option. As stated, the Arkansas Constitution defines marriage as a union between one man and one woman. That precludes homosexual "marriage" in our state.
For those that homosexuals that want to "marry", they have the option of going to another state or country that recognizes and condones it.
That's true. Of course, you will then have to spend hundreds of thousands of taxpayer dollars fighting against treating those marriages the same as you treat any other marriage performed in another State.

Once again I remind you that even in Arkansas all public officials swear to defend the Constitution of the United States.

Article IV [The States]
Section 1.[Full Faith and Credit]

Article VI [Legal Status of the Constitution]

Amendment IX [Non-Enumerated Rights (1791)]

Amendment X [Rights Reserved to States or People (1791)]

Amendment XIV [Privileges and Immunities, Due Process, Equal Protection...]

http://www.law.cornell.edu/constitution

DNF

“Judge less, Love more”

Since: Apr 07

Born in Newark Ohio

#23 May 8, 2014
BaracklypseNow wrote:
So, the only blind and unreasoning belief would be those who somehow conclude that the Arkansas Constitution doesn't specifically prohibit homosexual "marriage".
And only a stubborn fool will refuse to see how this is similar to what happened with inter-racial marriage.

Your ban is illegal as per the Windsor decision and the Supremacy Clause of the U.S. Constitution.

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