Pennsylvanians sue to overturn state's gay marriage ban

[mancat100]

I'm in favor of gay marriage. That being said, I have a question for my fellow democrats. What if this was a staunchly Republican Attorney General and she decided not to defend universal healthcare (or any other liberal law) because she believed it to be unconstitutional? Be very careful if you really want her to set this precedent.

[maf763]

This case aside, I think coalman raises a really interesting theoretical point about the role of elected officials. Ultimately, what she is doing is recusing herself from the case, and given her views on the issue, it's probably a smart move. Does the state want to defend its law in court with someone who believes the opposite of what she is arguing? If the court overturns the law, people will be saying she threw the case. By recusing herself, she gives the state (via the governor's office) the chance to have a stronger advocate.

But let's not kid ourselves - she is making a shrewd political move by tossing this in Corbett's lap. It puts him into a no-win situation.

[pman]

Originally Posted by mancat100

I'm in favor of gay marriage. That being said, I have a question for my fellow democrats. What if this was a staunchly Republican Attorney General and she decided not to defend universal healthcare (or any other liberal law) because she believed it to be unconstitutional? Be very careful if you really want her to set this precedent.

id be happy if people openly violated the plcb laws (opened their own stores, bought direct from the winery, etc) without prosecution

[Clark Park]

Originally Posted by pman

id be happy if people openly violated the plcb laws (opened their own stores, bought direct from the winery, etc) without prosecution

Something like that happened here in Pennsylvania during Prohibition. A bit of interesting history: when Prohibition passed the city fathers of Easton, along with law enforcement officials of Northampton County (of which Easton is the County Seat) decided that Prohibition would not be enforced in their town. The town was wide open with bars and taverns operating openly ... no need for "speakeasies!" Extra trains from New York and New Jersey were scheduled and night clubs opened up. During the early part of the Depression Easton was booming!

[jamesia]

Originally Posted by mancat100

I'm in favor of gay marriage. That being said, I have a question for my fellow democrats. What if this was a staunchly Republican Attorney General and she decided not to defend universal healthcare (or any other liberal law) because she believed it to be unconstitutional? Be very careful if you really want her to set this precedent.

From what I understand, she's acting within her rights and responsibilities to decide against defending the law. The precedence has been set many times around the country, and the fact that her ability to deny defense exists is itself an offering to use that ability ...

[Duderino]

Originally Posted by jamesia

From what I understand, she's acting within her rights and responsibilities to decide against defending the law. The precedence has been set many times around the country, and the fact that her ability to deny defense exists is itself an offering to use that ability ...

Exactly. It'd be one thing if no other state Attorney General had never done anything similar, but that is not the case here, especially now that DOMA has been struck down on a national level.

Also, while it would be completely naive to not acknowledge the politics behind this situation, you'd be hard-pressed to find any elected official that does not make politically-calculated decisions.

[jamesia]

I'd think a state AG balances several things when deciding to defend a case. For example, likeliness of success against money spent. Like other cases, I suspect with this one the AG felt the defense would not succeed, therefore wasting taxpayer money. Given that the PA law is so similar to the DOMA portion that was struck down, I bet she's right.

On the other hand, while I support marriage equality, I disagree with Bruce Hanes in Montgomery County and his decision to issue licenses to same sex couples. I agree the ban is immoral, but I don't think officials that apply laws should use their own idea of morality while doing so.

[SteelCityRising]

It's not just Montgomery County anymore. Now the mayors of both State College and Braddock (a suburb of Pittsburgh) have started marrying same-sex couples.

I actually hope Gov. Corbett DOES challenge this all because his poll numbers will further nosedive, guaranteeing the election of a more progressive governor to succeed him.

[Clark Park]

It is also instructive to observe that both the Governor and the Attorney General of the state of California refused to defend Prop. 8 ... and we all know how that played out in the US Supreme Court.