Holder gives nod to state AGs to drop defense of gay marriage bans

[Dos Equis]

Lawlessness.  

Holder gives nod to state AGs to drop defense of gay marriage bans amid court challenges
Published February 25, 2014
FoxNews.com

Attorney General Eric Holder has given the nod to his state counterparts that they do not have to defend laws against constitutional court challenges if they consider them discriminatory -- effectively giving the green light for states to stop defending bans on gay marriage.

Holder addressed the issue during a gathering of state attorneys general on Tuesday, after detailing his position in a New York Times interview.

Speaking to the National Association of Attorneys General, Holder said that any decision not to defend individual laws in court must be "exceedingly rare" and reserved for "exceptional circumstances." He indicated that legal challenges to gay marriage bans would qualify as such a circumstance.

"In general, I believe that we must be suspicious of legal classifications based solely on sexual orientation," he said.

His remarks, while already generating backlash from conservatives, could fuel a wave of legal challenges at the state level. In the wake of the federal Defense of Marriage Act being struck down by the Supreme Court last year, several Democratic state attorneys general have taken the unusual step of abandoning their defense of state gay marriage bans.

Among the most recent is Virginia Attorney General Mark Herring, who stood by as a U.S. District Court ruled against his state's prohibition on same-sex marriage. However, his office said Monday that it would appeal that ruling -- in the interest of expediting the appeals process.

The U.S. attorney general's comments could encourage other state officials to follow in Herring's footsteps.

Members of the Republican Attorneys General Association blasted Holder's remarks in a statement Tuesday afternoon.  

"A state attorney general has a solemn duty to the state and its people to defend state laws and constitutional provisions against challenge under federal law. To refuse to do so because of personal policy preferences or political pressure erodes the rule of law on which all of our freedoms are founded. A government that does not enforce the law equally will lead our society to disrespect the rule of law," Alabama Attorney General Luther Strange said.

Holder, in the Times interview, reportedly said that attorneys general should apply a high level of scrutiny on whether to defend a state law when constitutional issues are at stake.

"Engaging in that process and making that determination is something that's appropriate for an attorney general to do," Holder said.

He added, in reference to the Brown v. Board of Education case challenging school segregation: "If I were attorney general in Kansas in 1953, I would not have defended a Kansas statute that put in place separate-but-equal facilities."

A half-dozen Democratic state attorneys general have abandoned their defense of same-sex marriage bans.

But some Republican officials and gay marriage foes have sharply criticized this approach.

After Oregon's attorney general, Ellen Rosenblum, decided not to defend such a marriage amendment, National Organization for Marriage President Brian Brown called the move shameful.

"She swore an oath of office that she would enforce all the laws, not just those she personally agrees with. The people are entitled to a vigorous defense of the laws they enact, and the marriage amendment is no exception to that solemn obligation," he said in a statement.

As for Holder's comments, Ed Whelan, president of the Ethics and Public Policy Center, disputed Holder's guidance and said in a statement following the speech that "state attorneys general are obligated to defend state marriage laws."

He added: "It's unfortunate and outrageous that Attorney General Holder doesn't understand that, but it's hardly surprising."

In Virginia, the federal court case could have major implications for similar laws throughout the southeast.

Adam Umhoefer, executive director of the American Foundation for Equal Rights, urged the Fourth Circuit Court of Appeals to uphold the lower-court decision.

"Loving gay and lesbian couples and their families should not have to live one more day as second-class citizens under unjust laws," he said in a statement.

http://www.foxnews.com/politics/2014/02/25/holder-gives-nod-to-state-ags-to-drop-defense-gay-marriage-bans-amid-court/

[Dos Equis]

Black Pastors: Impeach Holder
February 25, 2014
By Penny Starr


(CNSNews.com) – A coalition of black pastors announced on Tuesday at the National Press Club in Washington, D.C. that they are launching a campaign to gather one million signatures on a petition calling for the impeachment of Attorney General Eric Holder for violating his oath of office by trying "to coerce states to fall in line with the same-sex 'marriage' agenda."

"President Obama and Attorney General Eric Holder have turned their backs on the values the American people hold dear, values particularly cherished in the black community: values like marriage, which should be strengthened and promoted, rather than weakened and undermined," says a statement by the Coalition of African American Pastors that has been posted online with their impeachment petition.

"Our nation calls for the building up of a healthier marriage culture; instead, our elected leaders are bent on destroying marriage, remaking it as a genderless institution and reorienting it to be all about the desires of adults rather than the needs of children," says the coalition.

"In pursuing this intention, the president and his administration are trampling the rule of law.Attorney General Holder in particular has used the influence of his office and role as the chief law enforcement figure in our nation to try to coerce states to fall in line with the same-sex ‘marriage’ agenda," says the coaltion. :Millions of voters in 30 states have voted to defend marriage as the union of one man and one woman, but Attorney General Holder is attempting single-handedly to throw those votes away!

"For abandoning the oath he swore in taking office and his duty to defend the common good, Attorney General Holder should be impeached by Congress," says the coalition. "CAAP is calling on all men and women of good will to sign the following petition urging Congress to take action against the Attorney General’s lawlessness today!"

The Rev. Bill Owens, founder and president of CAAP, said that political leaders in Washington have not held Holder accountable.

President Barack Obama and Atty. Gen. Eric Holder
President Barack Obama and Attorney General Eric Holder (AP Photo)

“Yet our leaders in Washington are letting him get away with his illegal conduct and doing nothing meaningful to hold him accountable,” said Owens. “Our campaign to gather one million signatures of citizens calling for Holder’s impeachment is intended to create a groundswell of support, giving congressional leadership the encouragement necessary to remove this dangerous ideologue from public office.”

Owens stressed that the petition is meant for all citizens regardless of race or creed.

“Marriage is an institution that benefits all of society; therefore every citizen has an interest in protecting marriage from these brazen attacks,” Owens said.

On Tuesday, Holder told a gathering of state attorneys-general that it's okay if they don't defend laws in their states that prohibit same-sex marriage:

"Now, any decisions at any level not to defend individual laws must be exceedingly rare. They must be reserved only for exceptional – truly exceptional – circumstances.  And they must never stem merely from policy or political disagreements, hinging instead only on firm constitutional grounds," Holder said.

“But in general, I believe we must be suspicious of legal classifications based solely on sexual orientation. And we must endeavor in all of our efforts to uphold and advance the values that once led our forebears to declare unequivocally that all are created equal and entitled to equal opportunity."

The CAAP petition for the impeachment of Holder is addressed directly to the U.S. Congress.

“I write today to urge you to take immediate action against the Attorney General of the United States for his lawless attempts to undermine states sovereign laws regarding marriage,” says the CAAP petition. “Attorney General Holder should be impeached for abandoning his duty to uphold and defend the law and for pushing a radical agenda on the states in a manner out of keeping with the obligations of his office.”

“I urge you to bring impeachment against Eric Holder for his reckless attempts to undermine our states’ constitutional marriage laws and the voices and values of millions of voters,” the petition says.

http://cnsnews.com/news/article/penny-starr/black-pastors-impeach-holder#sthash.FKE0lkcV.CH1puPHw.dpuf

[JOHN MATRIX]

Yet another case of obama and holder ignoring the law and doing whatever they can to further their partisan agendas.