Tag Archives: DOMA
Judge strikes down Idaho marriage protection law.
Judge strikes down Arkansas marriage protection law.
Judge strikes down Oregon marriage protection law.
The disturbing trend of judicial activism that continues to plague our country has claimed more victims. I’ve previously written about what is happening in a number of states regarding marriage. The previous article centered on 13 states: Pennsylvania, Virginia, Oklahoma, Utah, Kentucky, Colorado, Oregon, Texas, Michigan,
Tennessee, Indiana, Florida, and Ohio.
In each of these states federal judges or a combination of federal judges and state legislatures (in cooperation with attorney’s general) have either overturned voter approved laws or simply refused to defend state laws from attacks. Or a state was on the list because a challenge was in place and an outcome to the challenge was pending; as in the case of Oregon which has now “fallen” and had marriage redefined by a federal judge.
It would probably surprise most West Virginians to know that right now there is a challenge in federal court to our state’s DOMA laws. Several couples from Kanawha and Putnam counties have filed a lawsuit against West Virginia seeking to invalidate our DOMA laws and redefine marriage.
Before anyone gets too self-righteous thinking “that won’t ever happen in West Virginia,” lets remind ourselves that our lawmakers not only rejected a ballot measure to add a constitutional amendment defining marriage as the union of one man and one woman; but our “pro-life” governor just vetoed a life-saving abortion ban.
I recently wrote about the trend of attorney’s general refusing to defend the laws of the states that elected them to defend their laws. I commented that this trend was accelerated by President Obama and Attorney General Eric Holder refusing to defend DOMA. Once the president starts deciding which laws he will and will not defend it is just a matter of time before everyone else decides they can do it too.
Over the last year we’ve seen numerous attorney’s general decide not to defend state laws, while activist judges decide to strike down other laws. The latest in this trend comes from Kentucky where a judge said the state must recognize foreign gay marriages from other states. His declaration is in violation of Kentucky law, but that didn’t stop the judge from deciding to strike down the law and rewrite it according to his opinion. He reportedly ruled:
Not surprisingly the battle to redefine marriage in West Virginia has been kept relatively quiet. Most people, I would venture, don’t even know there is a challenge to our state’s DOMA law currently pending in federal court. The ability to keep “we the people” out of the loop regarding these critical issues is a tactic liberals employ as often as possible.
Nonetheless the effort to redefine marriage for all Mountaineers is being waged by Lambda Legal, a LGBT rights organization, on behalf of three same-sex couples. A federal judge ruled last week that the lawsuit against West Virginia’s ban on homosexual “marriage” may proceed.
A disturbing trend is taking place across the nation regarding marriage laws. We are seeing more frequently a refusal on the part of elected officials to defend marriage laws, even those put in place as a result of a vote of the people. Working from where we are right now, backwards, the troubling trend has a specific starting point.
Just last week the newly elected attorney general of Virginia said he would not uphold his state’s ban on same-sex “marriage.” Mark Herring said he “cannot and will not” defend a law that he believes is unconstitutional. Virginia’s ban on same-sex “marriage” is set to be challenged in court very soon by tow homosexual couples. So this decision by Herring is timely and will require legal scrambling on the part of the state.
In case you didn’t know already, a lawsuit has been brought to challenge West Virginia’s DOMA law. The warning that having just a DOMA law and not a constitutional amendment defining marriage as the union of one man and one woman was sounded long ago. Many West Virginian’s spoke up to say they wanted to exercise their right to vote on such a constitutional amendment. But our elected lawmakers refused to give us the right to vote and have ever since held our own state constitution hostage from us.
While they held our constitution hostage they told us repeatedly that marriage in West Virginia was safe, but that if anyone ever challenged our DOMA law that they would be the first to take up the fight to defend it. Well, this lawsuit was first filed in October of 2013. Have you heard one peep from a single lawmaker about it or the need to defend marriage? Me neither. But Lambda Legal is moving full steam ahead with their lawsuit and has recently asked for summary judgment in favor of their case: