Thursday, February 27, 2014

AG Eric Holder: states need not enforce discriminatory laws by Janna Brock......Forward by David Risselada

This article is from one of my favorite writers, Janna Brock. I first started reading her material at because she frequently wrote about many of the same subjects I liked to write about, mainly white privilege. Janna is great in the way she has helped promote my work so I'm privileged to be able to help promote hers. She is a current contributor to the news site and  if you don't already like her work, I'm sure after reading this you will. From the news site-
WASHINGTON, February 26, 2014 — Attorney General Eric Holder is encouraging state attorney generals to practice selective enforcement of the law. If a certain state attorney general believes a law to be discriminatory in any fashion, he or she does not have to defend the law against constitutional court challenge. All he is doing is instructing his fellow state attorney generals to disregard gay marriage bans in their respective states. Without reservation or respect for the law, Eric Holder is suggesting that state attorney generals take the law into their hands and not enforce laws that conflict with their personal views.
Mr. Holder was careful not to encourage his state counterparts to disavow their own laws, but said that officials who have carefully studied bans on gay marriage could refuse to defend them.
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 stand behind their state laws, even if they do not agree with them.
Eric Holder would never come out and say not to enforce the laws directly. But in telling state attorney generals that they can refuse to defend gay marriage bans if they believe them to be discriminatory, this is precisely what he is telling state attorney generals to do. He is making it abundantly clear that the rule of law rests with the state attorney general’s personal beliefs, and not with those set forth by the state. Eric Holder has a lengthy record of selective law enforcement, and his extraordinary encroachment into the gay marriage issue is proof of his means to stomp out existing state laws. Holder assured Utah’s homosexuals that they would have federal benefits even if the state did not recognize their “marriages.”
Any decisions – at any level – not to defend individual laws must be exceedingly rare,” Holder said. “They must be reserved only for exceptional circumstances. And they must never stem merely from policy or political disagreements – hinging instead on firm constitutional grounds. But in general, I believe we must be suspicious of legal classifications based solely on sexual orientation.”
At this moment, every gay marriage ban rests on the particular state attorney’s desire to enforce the ban or not. Virginia’s attorney general Mark Herring declared the state’s ban on gay marriage unconstitutional in late January 2014. He joined a lawsuit challenging the ban. His move is a precursor for other states.
Eric Holder is assuring the people of the United States that their government does not respect the states’ rule of law. If a state attorney general does not agree with the gay marriage ban, he or she can ignore it. Never mind the will of the people or the Constitution.

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