McAuliffe rejects call to appoint special prosecutor to defend Va.’s gay marriage ban

[theHandpuppet]

http://www.washingtonpost.com/local/virginia-politics/mcauliffe-rejects-call-to-appoint-special-prosecutor-to-defend-vas-gay-marriage-ban/2014/01/27/9cc5e8cc-87ad-11e3-a5bd-844629433ba3_story.html

McAuliffe rejects call to appoint special prosecutor to defend Va.’s gay marriage ban

Gov. Terry McAuliffe rejected a call by dozens of Republican delegates to appoint a special prosecutor to defend Virginia's constitutional ban on gay marriage following Attorney General Mark R. Herring’s decision not to join the fight, saying the prohibition will get a vigorous defense.

McAuliffe (D) responded in a letter to Del. Robert G. Marshall (R-Prince William), who gathered signatures from top GOP delegates.

A spokesman for McAuliffe, a longtime supporter of gay marriage, said the governor supports Herring’s move. But the usually voluble governor has been noticeably quiet on the matter...

...“I share your view that the effective administration of our legal system requires zealous advocacy on all matters before the courts. In the present case, Virginia’s same-sex marriage ban is being vigorously and appropriately defended by the Clerk of Court for the City of Norfolk and the Clerk of Court for Prince William County,” as well as other parties, McAuliffe wrote. “Accordingly, I respectfully decline to appoint special counsel in this matter.” MORE

[giftedgirl77]

1. In other words, bite me you hateful bigots.

[Swede Atlanta]

2. This is no different than BO's decision not to defend DOMA....

The House was using taxpayer dollars to write amicus briefs, etc. but of course they lacked standing to defend the law.

There is a fine line here. If you are the state's "attorney" and the state or federal government has a law, duly passed, or a constitutional amendment, given validity after following the required constitutional process, you have a legal obligation to defend the law.

But clearly there will be times when the state's attorney does not believe the law is constitutional. Does he/she have the legal authority to decline to defend the law?

I can see both sides but this is a losing case. Eventually this matter will be decided at the SCOTUS. It may not happen this year, next year, five years from now or a decade from now but it will happen. All state laws and constitutional amendments that prohibit same-gender marriage will be deemed unconstitutional.