Rainbow bLAWg

Outraged Virginia Republicans quickly began searching for a way to preserve the state’s gay marriage ban Thursday after Attorney General Mark Herring announced that he would join a lawsuit seeking to have it declared unconstitutional.

Here’s a re-cap of what Virginia Republicans had to say:

State Sen. Richard H. Black (R-Loudoun): “I don’t know what the difference between a dictatorship and this is.”
And: “It’s extremely disappointing to me because in state after state, people have voted to define marriage as one man and one woman, and the courts and the gay rights movement have jointly devised this strategy to cut the public out of the process. And what you see is Democrat attorneys general refuse to defend the law and the courts very cynically denying anyone else the right to defend it.”

+++

State Sen. Thomas A. Garrett Jr. (R-Goochland), a former prosecutor: “I don’t think he should do it, but I think he can do it, and I think it’s probably within his job description to do it” if he thinks the ban conflicts with the U.S. Constitution.

And: “It’s the first time to my knowledge that the attorney general chose not to defend the law, he or she did not appoint outside counsel and is also filing an amicus brief on the side of the defendants. So he’s doing two things that break with precedent; it’s not being done the way it’s normally been done.” But, he added, “elections have consequences.”

+++

House Speaker William J. Howell (R-Stafford): “Less than two weeks ago, Mark Herring took an oath and swore to preserve, protect and defend the Constitution of Virginia. I am very concerned about his announcement today and the dangerous precedent it sets with regard to the rule of law.

“The attorney general has a constitutional and statutory obligation to enforce and defend the duly adopted laws and Constitution of Virginia. This is not an obligation that can be taken lightly. The attorney general’s decision today demonstrates a great deal of disregard for that obligation, as well as the legislative and democratic processes by which those laws are adopted.”

+++

Sen. Mark D. Obenshain (R-Harrisonburg), who ran against Herring last year: “I look forward to working with the attorney general on many important issues for the good of all Virginians, and have no intention of highlighting every possible point of disagreement that may arise throughout Herring’s term in office, but I consider the question of whether or not the office of the attorney general is to defend Virginia law a matter of utmost importance, something that goes to the heart of the duties of the attorney general. This is especially true given Mark Herring’s dissembling comments made over the past six months on the campaign trail. Virginians should be disappointed that he didn’t display the courage to share his intentions when repeatedly asked during his campaign. Today’s decision sets a disturbing precedent and has the potential to deprive Virginians on both sides of this important issue of the legal scrutiny the matter clearly merits.”

+++

State Sen. Charles W. Carrico Sr. (R-Grayson), one of the most conservative members of the Virginia Senate: “I’m pro-marriage between a man and a woman.” But regardless of this, he said, the attorney general simply isn’t doing his job. “I think once Virginians get wind of this, and it starts snowballing, they’re going to wonder why they elected an attorney general who doesn’t want to defend Virginia’s laws.”

+++

Del. C. Todd Gilbert (R-Shenandoah): “Not two weeks ago I watched the attorney general swear an oath before God and the people of Virginia to preserve, protect and defend our Constitution, and it didn’t take him long to find a way out of that.”

He said the attorney general can’t “pick and choose” which parts of the state Constitution to defend. At the same time, he said: “I’m not at all surprised. We thought this was coming.” It’s why he introduced a bill that would allow lawmakers in the General Assembly to defend a law in place of the attorney general, he said.

+++

Del. Robert G. Marshall (R-Prince William), who is seeking legal counsel to determine whether he can take action against Herring under the theory that the attorney general misused funds: “We appropriate money for people to defend the Constitution, not to attack it. This is a complete dereliction of his duty.”

+++

Del. Timothy D. Hugo (R-Fairfax): “It’s the Constitution. Doesn’t he have to uphold the Constitution?”

Democrats cheered the move as a victory for civil rights.

“Today is a proud day to be a Virginian,” said state Sen. Adam Ebbin, D-Alexandria, the first openly gay member of the General Assembly. “We are the birthplace of civil liberties, and it’s exciting to see Virginia getting this right.”

Reaction did not fall strictly along party lines.

“I don’t think he should do it, but I think he can do it, and I think it’s probably within his job description to do it” if he thinks the ban conflicts with the U.S. Constitution, said state Sen. Thomas Garrett Jr., R-Goochland, a former prosecutor.

+++

You can give Rainbow Law’s legal document preparation service a risk-free try by ordering state-specific advance directives (living wills, medical & financial powers of attorney with hospital visitation & more). Payment can be made via a small donation or you can get them for free in exchange for a Tweet or Facebook post!

Just double click on the rainbow banner:

Google+

Carrie Stone