Holder Says State Attorneys General Don’t Have to Defend Gay Marriage Bans

[ProSense]

Holder Says State Attorneys General Don’t Have to Defend Gay Marriage Bans

By MATT APUZZOFEB

Washington — Attorney General Eric H. Holder Jr. said Monday that state attorneys general who believe that laws in their states banning same-sex marriage are discriminatory are not obligated to defend them.

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Six state attorneys general – all Democrats – have refused to defend bans on same-sex marriage, prompting criticism from Republicans who say they have a duty to defend their state laws, not just the ones they agree with.

Mr. Holder said when laws touch on core constitutional issues like equal protection, an attorney general should apply the highest level of scrutiny before reaching a decision on whether to defend it. He said the decision should never be political or based on policy objections.

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Mr. Holder’s own refusal to defend the federal Defense of Marriage Act in 2011 helped lead to last year’s Supreme Court decision striking down the law as unconstitutional.

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http://www.nytimes.com/2014/02/25/us/holder-says-state-attorneys-general-dont-have-to-defend-gay-marriage-bans.html

[RKP5637]

1. If, they allow the bans to stand, then where would be the next target, repeals of

the civil rights laws of the 60's. I'm sure a number of states would love to bring back segregation. We boast about equality in the US, then allow laws to dictate for whom that equality is to exist. Freedom, civil rights and equality are a non-ending battle in the US which boasts of equal rights to the rest of the world.

[stillcool]

2. state laws..

How can a district attorney not recognize a state law, even if it is discriminatory? I don't get it.

[ProSense]

3. The SCOTUS already declared such discrimination unconstitutional. n/t

[RKP5637]

4. I think he's talking about the state attorney's, not DA's, and how that relates to the Fed. They

apparently can ignore enforcement, much as Holder has done.

Oops, I see ProSense just gave you the answer!

[ProSense]

5. Kick! n/t

[MyOwnPeace]

6. Here in PA..........

Gov. Tom Corporate, the Repukes, and Baggers went nuts when our AG Kathleen Kane refused to defend our own caveman laws on appeal.
Way to go, Atty. General Kane!

[ProSense]

7. Excellent. n/t