Point-Counterpoint on Kathleen Kane and Defense of Gay Marriage Ban

Jul 17, 2013 | Posted by: Gay And Proud | Full story: www.mcall.com

Attorney General Kathleen Kane announced Thursday she would not defend the state in a federal lawsuit challenging a 1996 state law banning same-sex marriages because she said the law is unconstitutional. This article discusses the role of the PA Attorney General in defending, or not defending, unconstitutional laws.

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“Equality First”

Since: Jan 09

St. Louis, MO

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#21
Jul 18, 2013
 
snyper wrote:
<quoted text>
Same here. The morality is her personal issue.
My reference point is California, where the definition of the Office of the AG, the job description, is written in Law. It's one thing to have a longstanding practice of playing loose with that Definition, and may be reasonable from the standpoint practical considerations, but technically it IS violation of the Law.
There IS a Constitutional mechanism to deal with the situation where the duly Elected Officials disagree with a Law on the books of a State. It is called "Repeal". If the objectionable Law is Constitutional in nature, and cannot be repealed by Governmental action alone, then a "Constitutional Crisis" exists.
Once again, though, you are referring to Calif. Their law may be different. From what I have read she is within her right, by law, to hand the case over to another specified government office. Which she did. It's legal in her state, California notwithstanding. She may be morally against the law, I don't know. But I do know her reason was that she believed it to be unconstitutional, which is a legal argument, not a morally-based one.

Since: Mar 09

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#22
Jul 18, 2013
 
RalphB wrote:
<quoted text>
Once again, though, you are referring to Calif. Their law may be different. From what I have read she is within her right, by law, to hand the case over to another specified government office. Which she did. It's legal in her state, California notwithstanding. She may be morally against the law, I don't know. But I do know her reason was that she believed it to be unconstitutional, which is a legal argument, not a morally-based one.
I think that she handled it correctly. California's Law should be so clear.

DNF

“Liberty AND Justice”

Since: Apr 07

Born in Newark, Ohio

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#23
Jul 18, 2013
 
snyper wrote:
<quoted text>
I think that the AG, an agent of the Executive, has no authority to autonomously refuse. Passing it to the Governor is equivalent to "I can't (for whatever reason) do my job." It's then up to the Executive what to do.
There are hundreds of laws on the books AG's around the country don't bother trying to enforce.

Here are a few from PA:

Big Government. Small Brains. Dumb Laws.
http://www.dumblaws.com/laws/united-states/pe...

A special cleaning ordinance bans housewives from hiding dirt and dust under a rug in a dwelling.

You may not sing in the bathtub.

Though you do not need a fishing license to fish on your own land, but a hunting license is required to hunt on your own land.

Fireworks stores may not sell fireworks to Pennsylvania residents.

Any motorist who sights a team of horses coming toward him must pull well off the road, cover his car with a blanket or canvas that blends with the countryside, and let the horses pass.

Ministers are forbidden from performing marriages when either the bride or groom is drunk.

Since: Mar 09

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#24
Jul 18, 2013
 
DNF wrote:
<quoted text>There are hundreds of laws on the books AG's around the country don't bother trying to enforce.
Here are a few from PA:
Big Government. Small Brains. Dumb Laws.
http://www.dumblaws.com/laws/united-states/pe...
A special cleaning ordinance bans housewives from hiding dirt and dust under a rug in a dwelling.
You may not sing in the bathtub.
Though you do not need a fishing license to fish on your own land, but a hunting license is required to hunt on your own land.
Fireworks stores may not sell fireworks to Pennsylvania residents.
Any motorist who sights a team of horses coming toward him must pull well off the road, cover his car with a blanket or canvas that blends with the countryside, and let the horses pass.
Ministers are forbidden from performing marriages when either the bride or groom is drunk.
Those Laws are delegated to the District Attorneys. Also, most are not State Laws.

Enforce and Defend and Represent in Court. Three mightily different legal concepts, each and all are part of an AG's job description.

DNF

“Liberty AND Justice”

Since: Apr 07

Born in Newark, Ohio

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#25
Jul 20, 2013
 
snyper wrote:
<quoted text>
Those Laws are delegated to the District Attorneys. Also, most are not State Laws.
Enforce and Defend and Represent in Court. Three mightily different legal concepts, each and all are part of an AG's job description.
I understand what you are saying. I suspect you miss what I'm saying. The AG has to have a case they can base on justifiable law. In order to get that they have to have someone make the case for them.

You know I'm a fan of Law and Order!

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#26
Jul 20, 2013
 
DNF wrote:
<quoted text>I understand what you are saying. I suspect you miss what I'm saying. The AG has to have a case they can base on justifiable law. In order to get that they have to have someone make the case for them.
You know I'm a fan of Law and Order!
Even the guilty need a Defense. lol

DNF

“Liberty AND Justice”

Since: Apr 07

Born in Newark, Ohio

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#27
Jul 21, 2013
 

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snyper wrote:
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Even the guilty need a Defense. lol
You just explained Bible thumpers!

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