Virginia AG Wants To Further Erode The Tenth Amendment!

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It is not often that a state attorney general wants to erode the Tenth Amendment, but Virginia Attorney General Mark Herring is wanting to do just that. He is petitioning the US Supreme Court to make a definitive ruling on states and gay marriage. The issue has turned nasty and people’s constitutional rights are getting violated over giving special rights to homosexuals. On top of that, there is no part of the Constitution that covers marriage, so it automatically falls under the Ninth and Tenth Amendments.

What the Virginia AG wants

Here, via the Virginia AG news releases, is what Attorney General Herring is doing.

Attorney General Mark R. Herring today announced that he will file a petition on Friday for a writ of certiorari with the Supreme Court of the United States asking it to hear Virginia’s marriage equality case and definitively settle the constitutional issues for the Commonwealth and the rest of the country. Virginia’s petition will be one of the first in the nation, after Utah filed its petition earlier today, allowing the Court to consider accepting Virginia’s case at their September conference. The Commonwealth signaled its intention in a filing today with the 4th Circuit Court of Appeals, which last week agreed with Attorney General Herring’s position that Virginia’s same-sex marriage ban violates the U.S. Constitution. That filing requests that the Court stay its mandate pending the Supreme Court’s decision whether to hear the case. The Prince William County Clerk of Court announced last Friday that she intended to file a petition for certiorari. Attorney General Herring’s filing ensures that no delay arises during the available 90-day window to petition for certiorari.

“Throughout this case, I have fought for the fundamental rights of Virginians and the quickest possible resolution,” said Attorney General Herring. “I believe the district and appeals courts ruled correctly in striking down Virginia’s discriminatory marriage ban, but it has long been clear that the Supreme Court will likely have the final word. I want that decision to come as soon as possible and I want the voices of Virginians to be heard. This case has moved forward at an incredibly swift pace, and I look forward to a final resolution that affirms the fundamental right of all Virginians to marry.”

Virginia’s case presents a number of legal questions that could be settled by the Supreme Court, including whether states can prevent same-sex couples from marrying and whether states can refuse to recognize valid marriages performed in other states.

As it has done throughout the case, the Commonwealth has asked the 4th Circuit for a stay of its ruling until all appeals are final. The motion notes that the Supreme Court has already issued stays in similar cases, the complexity of unwinding marriages and transactions that depend on them–like adoptions, inheritance, tax filings, or filings of birth or death certificates– and the fact that this case has moved extremely quickly and can be resolved in the very near future.

The issue that the Democrat Party is avoiding is how to fix this on a state level. Then again, they keep failing on the state level because no one wants what they are selling.




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