Bill would let lawmakers defend ban if AG refuses

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Last edited Mon Jan 27, 2014, 10:01 AM - Edit history (7)

Bill would let lawmakers defend ban if AG refuses

Posted: Saturday, January 25, 2014 6:30 am

Bill would let lawmakers defend ban if AG refuses

BY MARKUS SCHMIDT Richmond Times-Dispatch The Daily Progress

....
"We're only two weeks into his duties, and (Herring) has already found a very clear constitutional provision that he has chosen not do defend, so I assume we have plenty of more time for him to find other things he disagrees with," {Del. C. Todd Gilbert, R-Shenandoah} said.

"Since he is choosing to change the rules as we go, certainly the General Assembly has the right to alter the process by which we defend our laws when the attorney general chooses not to defend them," Gilbert said.

But Carl Tobias, professor at the University of Richmond School of Law, doubts that Gilbert's proposal stands a chance in the legislature.

"Even if it did, the governor might veto," Tobias said. "The General Assembly can prescribe standing for state courts, but it cannot create standing for purposes of federal law," he said.

And, from this morning's WaPo:

GOP calls on McAuliffe to defend Va.’s ban on same-sex marriage

By Michael Laris,

Dozens of Republican lawmakers signed a letter Friday calling on Gov. Terry McAuliffe to provide legal counsel to defend Virginia’s constitutional amendment banning same-sex marriage.
....

Del. Robert G. Marshall (R-Prince William) drafted the letter, circulated it and delivered it to the governor’s staff Friday.
....

Marshall, a stalwart conservative known for incendiary rhetoric, said in an interview on WAMU’s “The Kojo Nnamdi Show” on Friday that Herring’s decision was comparable to the attack on Pearl Harbor.
....

The House’s top Democrat, David J. Toscano (D-Charlottesville) called the move “a classic case of nontransparent legislating.” ... He said the bill raises serious constitutional and practical questions. ... “What we’re going to do with this bill is create 140 little attorney generals,” Toscano said. “It’s a recipe for chaos.”

Pearl Harbor? Drama queen much? I'll have to take some time to find Bob Marshall's radio rant on the Kojo Nnamdi Show.

Future Of Virginia's Gay Marriage Ban

Click to listen

Guest Host:Jennifer Golbeck

Future Of Virginia's Gay Marriage Ban
Thursday, Jan 23, 2014 at 12:06 p.m. in Law, Local Elections, Society

In a sharp reversal of his predecessor's legal position, Virginia Attorney General Mark Herring says the state's ban on gay marriage is unconstitutional and wants to see it end.

Virginia's new attorney general, Mark Herring, says the state's voter-enacted ban on gay marriage is unconstitutional and he wants to see the courts overturn it. In 2006, Virginia voters amended the state constitution to bar gay marriage, but now Herring's office is joining two same-sex couples in a lawsuit asking a federal court to strike it down. The move is a sharp reversal of the state's legal position on gay marriage under his predecessor, Ken Cuccinelli. We get the latest.

Guests
Mark Herring Attorney General-Elect, Virginia (D) {Hey, he was sworn in a week and a half ago}

Adam Ebbin Member, Virginia Senate (D-30th District)

Robert Marshall Virginia State Delegate (R- 13th District, Manassass) {Also, that's not how you spell Manassas}

According to Kojo Nnamdi's website, the show airs Monday through Thursday. Bob Marshall was scheduled to be interviewed on Thursday's show. It seems he must not have been able to meet that schedule and was interviewed on the following day. The link to Friday's show is The Politics Hour - Jan. 24, 2014.

This message, from the DCRTV mailbag for January 24, verifies that.

Virginia State Delegate Bob Marshall was interviewed for The Politics Hour on WAMU today. Representative Marshall apparently got confused, and thought he was being interviewed for WMAL! Talking about Mark Herring’s gay marriage policy announcement, Delegate Marshall said “Should Moses and Jesus apologize?,” he angrily told the host to “Get off it!” he equated Mark Herring with Louis XIV, a prince, and a disingenuous wordsmith, he compared Mark Herring’s announcement with the attack on Pearl Harbor, and he made historical political accusations that could easily be “refudiated” by a real journalist, and they were (in the studio, Tom Sherwood). Listen to Delegate Marshall begin to make a complete fool of himself at the 11 minute 30 mark thekojonnamdishow.org. Memo to Delegate Marshall, WAMU core listeners ARE NOT WMAL core listeners. (1/24/14)

Click to listen.

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[mahatmakanejeeves]

2. Virginia’s extraordinary gay marriage fight allows for the attorney general’s position

Virginia’s extraordinary gay marriage fight allows for the attorney general’s position

By Editorial Board, Published: January 26

MARK HERRING (D), Virginia’s brand-new attorney general, has decided to participate in a legal attack against a provision of the state’s own constitution, joining two couples in federal court to argue that Virginia’s ban on same-sex marriage violates the U.S. Constitution. GOP critics allege that Mr. Herring is disregarding his obligation to defend Virginia’s laws, even turning the state into a “dictatorship” in the process. The National Organization for Marriage wants him impeached. That sort of outrage is not even close to called for.

We broadly agree with Mr. Herring’s reading of the law. The Constitution’s guarantee of equal protection cannot be reconciled with denying, on logically flimsy grounds, equal access to civil marriage for a group that has for centuries been singled out for discrimination.

[mahatmakanejeeves]

3. Del. Marshall on WTOP News Discusses Mark Herring’s Refusal to Defend VA Constitution

Del. Marshall on WTOP News Discusses Mark Herring’s Refusal to Defend VA Constitution

Manassas, VA – Delegate Bob Marshall spoke on WTOP News February 2, 2014 discussing the Virginia Attorney General Mark Herring’s refusal to defend Virginia’s Constitution Marriage Amendment, also known as the Marshall Newman Amendment.