As noted in
the prior post of yesterday, Virginia is gay marriage battleground, as well as gay
rights in general. Conservative Christians (those who take issue with the use
of “conservative Christians” in this context should read the prior post) are
staunchly defending the 2006 Virginia Constitutional Amendment that enshrines
marriage as being only between a man and woman. The amendment not only
prohibits gay marriage but prohibits within Virginia the recognition in any
manner of such marriages that occur in other states. If a gay couple is married
in another state and move to Virginia, they are not married. Further, the amendment
also prohibits “civil unions” and “domestic partnerships”. The message is clear,
strong and unapologetic. If you are in a gay relationship, do not come to
Virginia for you and your partner will have no recognition in any form.
This week the 4th US Circuit Court of Appeals heard an appeal of a lower court ruling permitting gay marriage. No matter the ruling of the 4th Court, the case is likely to end up in the Supreme Court and force that Court to deal with the heart of the matter, whether it is unconstitutional to prohibit gay marriage.
Conservatives, particularly conservative Christians, are livid that the current Virginia Attorney General, Mark Herring, is not defending the ban and Constitutional Amendment, leaving the legal team for the two clerks who denied the gay couples wedding licenses to argue the case before the 4th Circuit rather than the Attorney General. It is argued regardless of his reading of the US Constitution and view of the legality of Virginia’s amendment that the AG is duty bound to defend it, and not to do so is commonly described as a betrayal of his oath, a betrayal the demands his immediate removal from office.
At first sight it would appear that not having the AG office arguing in defense of the amendment means a less skilled team has to take over and that the arguments will be less forceful than would be the AG’s arguments. The implication is that lawyers for the clerks are second string or minor leaguers. I not only disagree but argue for the contrary for the team headed by David Oakley is highly skilled, arguing by conviction and are driven as to the rightness of their cause and the amendment, and lastly, they are being well supported by the religious right with funds, research.
The second team headed by Austin Nimocks is equally strong and are part of highly conservative traditional marriage defense group, a strongly funded group that is well skilled in crafting its message, and have long had their key arguments well formed. As such neither Nimocks nor Oakley are well skilled and positioned for handling this type of case.
Further, who would you rather have argue your case, a lawyer who does not believe in the strength of the case and lacks an enthusiasm for it, or a lawyer who has deep passion, skill and the depth of resources to put forth your sound argument? I would take the latter any day, as would you.
Regardless of what the attackers of AG Herring may say, I doubt that the defenders of the amendment truly want the AG’s office arguing the case. Though he may not defend the amendment, it should be noted that the AG has not sent out instructions to county clerks to start issuing wedding license to gay couples. Rather, he is allowing existing cases to move through the courts being argued by some of its strongest advocates, and awaiting the results. That I can respect. Advocates defending the amendment and the leading voices attacking the AG know full well that if the AG defended the amendment, he could more readily bring about results in keeping with his views by not using the strongest arguments or poorly phrasing the strongest arguments for the amendment. That would be a travesty. Hence, the statements by the AG’s attackers are more about political posturing, stirring the base, raising funds and bullying than about the righteousness of their case against the AG not defending the amendment.
This week the 4th US Circuit Court of Appeals heard an appeal of a lower court ruling permitting gay marriage. No matter the ruling of the 4th Court, the case is likely to end up in the Supreme Court and force that Court to deal with the heart of the matter, whether it is unconstitutional to prohibit gay marriage.
Conservatives, particularly conservative Christians, are livid that the current Virginia Attorney General, Mark Herring, is not defending the ban and Constitutional Amendment, leaving the legal team for the two clerks who denied the gay couples wedding licenses to argue the case before the 4th Circuit rather than the Attorney General. It is argued regardless of his reading of the US Constitution and view of the legality of Virginia’s amendment that the AG is duty bound to defend it, and not to do so is commonly described as a betrayal of his oath, a betrayal the demands his immediate removal from office.
At first sight it would appear that not having the AG office arguing in defense of the amendment means a less skilled team has to take over and that the arguments will be less forceful than would be the AG’s arguments. The implication is that lawyers for the clerks are second string or minor leaguers. I not only disagree but argue for the contrary for the team headed by David Oakley is highly skilled, arguing by conviction and are driven as to the rightness of their cause and the amendment, and lastly, they are being well supported by the religious right with funds, research.
The second team headed by Austin Nimocks is equally strong and are part of highly conservative traditional marriage defense group, a strongly funded group that is well skilled in crafting its message, and have long had their key arguments well formed. As such neither Nimocks nor Oakley are well skilled and positioned for handling this type of case.
Further, who would you rather have argue your case, a lawyer who does not believe in the strength of the case and lacks an enthusiasm for it, or a lawyer who has deep passion, skill and the depth of resources to put forth your sound argument? I would take the latter any day, as would you.
Regardless of what the attackers of AG Herring may say, I doubt that the defenders of the amendment truly want the AG’s office arguing the case. Though he may not defend the amendment, it should be noted that the AG has not sent out instructions to county clerks to start issuing wedding license to gay couples. Rather, he is allowing existing cases to move through the courts being argued by some of its strongest advocates, and awaiting the results. That I can respect. Advocates defending the amendment and the leading voices attacking the AG know full well that if the AG defended the amendment, he could more readily bring about results in keeping with his views by not using the strongest arguments or poorly phrasing the strongest arguments for the amendment. That would be a travesty. Hence, the statements by the AG’s attackers are more about political posturing, stirring the base, raising funds and bullying than about the righteousness of their case against the AG not defending the amendment.
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