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	<title>Comments on: Wis. AG will not defend gay partnership law</title>
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	<link>http://www.365gay.com/news/wis-ag-will-not-defend-gay-partnership-law/</link>
	<description>The daily news source for the gay, lesbian, bisexual and transgender community</description>
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		<title>By: bartski</title>
		<link>http://www.365gay.com/news/wis-ag-will-not-defend-gay-partnership-law/comment-page-2/#comment-72952</link>
		<dc:creator>bartski</dc:creator>
		<pubDate>Sun, 13 Sep 2009 20:15:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=9257#comment-72952</guid>
		<description>shouldn&#039;t this AG be offered a joba as a greeter at Wal-Mart?</description>
		<content:encoded><![CDATA[<p>shouldn&#8217;t this AG be offered a joba as a greeter at Wal-Mart?</p>
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		<title>By: Gerry Fisher</title>
		<link>http://www.365gay.com/news/wis-ag-will-not-defend-gay-partnership-law/comment-page-2/#comment-71946</link>
		<dc:creator>Gerry Fisher</dc:creator>
		<pubDate>Tue, 25 Aug 2009 16:38:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=9257#comment-71946</guid>
		<description>&gt;“When the people have spoken by amending our Constitution, I will abide by their command,” said Attorney General J.B. 

You&#039;re not a judge. Do your job!</description>
		<content:encoded><![CDATA[<p>&gt;“When the people have spoken by amending our Constitution, I will abide by their command,” said Attorney General J.B. </p>
<p>You&#8217;re not a judge. Do your job!</p>
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		<title>By: LostinEmotion</title>
		<link>http://www.365gay.com/news/wis-ag-will-not-defend-gay-partnership-law/comment-page-2/#comment-71817</link>
		<dc:creator>LostinEmotion</dc:creator>
		<pubDate>Sat, 22 Aug 2009 21:21:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=9257#comment-71817</guid>
		<description>So, Obama has to defend every law on the books but the Wis. AG doesn&#039;t.  I&#039;m telling you- the black man always has to do the work while the white guy gets to sit on his ass.</description>
		<content:encoded><![CDATA[<p>So, Obama has to defend every law on the books but the Wis. AG doesn&#8217;t.  I&#8217;m telling you- the black man always has to do the work while the white guy gets to sit on his ass.</p>
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		<title>By: Sara Bellum</title>
		<link>http://www.365gay.com/news/wis-ag-will-not-defend-gay-partnership-law/comment-page-1/#comment-71802</link>
		<dc:creator>Sara Bellum</dc:creator>
		<pubDate>Sat, 22 Aug 2009 07:15:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=9257#comment-71802</guid>
		<description>@footwork61:

Though I agree that what is good for the goose is good for the gander:

As John Moll pointed at at the end of his comment, we can discriminate between the actions of Brown and Van Hollen on the basis of the resulting effects on society. That&#039;s not hypocrisy. The real world often requires finely drawn judgments to be made.

We do not typically refer to black civil rights protesters of the MLK era as criminals even though they often were by the books. We do refer to those who sought to stop the protests (or civil rights progress) as at least anti-American even though they were often acting legally by the law books of the time.

Process is not the only thing. Outcomes matter as well.

But I think I agree that what we should be decrying is not the process here (unless one wants to make the argument that though currently unrecognized the US constitution both guarantees equality and tops this state constitution [and/or find a clause in that constitution which acts similarly]), but why can&#039;t we name this for the chicken-hearted pandering and bigotry it is?</description>
		<content:encoded><![CDATA[<p>@footwork61:</p>
<p>Though I agree that what is good for the goose is good for the gander:</p>
<p>As John Moll pointed at at the end of his comment, we can discriminate between the actions of Brown and Van Hollen on the basis of the resulting effects on society. That&#8217;s not hypocrisy. The real world often requires finely drawn judgments to be made.</p>
<p>We do not typically refer to black civil rights protesters of the MLK era as criminals even though they often were by the books. We do refer to those who sought to stop the protests (or civil rights progress) as at least anti-American even though they were often acting legally by the law books of the time.</p>
<p>Process is not the only thing. Outcomes matter as well.</p>
<p>But I think I agree that what we should be decrying is not the process here (unless one wants to make the argument that though currently unrecognized the US constitution both guarantees equality and tops this state constitution [and/or find a clause in that constitution which acts similarly]), but why can&#8217;t we name this for the chicken-hearted pandering and bigotry it is?</p>
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		<title>By: John Moll</title>
		<link>http://www.365gay.com/news/wis-ag-will-not-defend-gay-partnership-law/comment-page-1/#comment-71801</link>
		<dc:creator>John Moll</dc:creator>
		<pubDate>Sat, 22 Aug 2009 06:14:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=9257#comment-71801</guid>
		<description>Well Morgan, a state Attorney General, when sworn in, swears &quot;under God&quot; to uphold the laws of the state that the AG is elected in.  So Jerry Brown took an oath to uphold the laws of the state of California, the California Constitution being the supreme law in California subject only to the US Constitution, and Van Hollen took an oath to uphold the laws of the state of Wisconsin, the Wisconsin Constitution being the supreme law in Wisconsin, subject only to the US Constitution.

So if Brown and Van Hollen both held reasonable, good faith beliefs that defending a law passed by the legislature or by popular initiative violated their state constitution, they would NOT have a legal duty to defend it.

If the votes agree or disagree with that decision of the AG, it is up to them to either re-elect or boot out  of office that AG, as they see fit.

The Obama Administration, through US AG Holder, reluctantly agreed to defend DOMA - because although they disagree with this policy, they do not find it rises to the level of unconstitutionality.

 There is nothing inconsistent with the actions of of AGs Holder, Brown, and Van Hollen on the underlying legal rationale for either defending or not defending existing laws.

Of course, on the topical legal issues presented, only AG Brown took a stance that reflects enlightened legal thinking and understands that the law must recognize LGBT people as full and equal citizens under the law.</description>
		<content:encoded><![CDATA[<p>Well Morgan, a state Attorney General, when sworn in, swears &#8220;under God&#8221; to uphold the laws of the state that the AG is elected in.  So Jerry Brown took an oath to uphold the laws of the state of California, the California Constitution being the supreme law in California subject only to the US Constitution, and Van Hollen took an oath to uphold the laws of the state of Wisconsin, the Wisconsin Constitution being the supreme law in Wisconsin, subject only to the US Constitution.</p>
<p>So if Brown and Van Hollen both held reasonable, good faith beliefs that defending a law passed by the legislature or by popular initiative violated their state constitution, they would NOT have a legal duty to defend it.</p>
<p>If the votes agree or disagree with that decision of the AG, it is up to them to either re-elect or boot out  of office that AG, as they see fit.</p>
<p>The Obama Administration, through US AG Holder, reluctantly agreed to defend DOMA &#8211; because although they disagree with this policy, they do not find it rises to the level of unconstitutionality.</p>
<p> There is nothing inconsistent with the actions of of AGs Holder, Brown, and Van Hollen on the underlying legal rationale for either defending or not defending existing laws.</p>
<p>Of course, on the topical legal issues presented, only AG Brown took a stance that reflects enlightened legal thinking and understands that the law must recognize LGBT people as full and equal citizens under the law.</p>
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		<title>By: randy</title>
		<link>http://www.365gay.com/news/wis-ag-will-not-defend-gay-partnership-law/comment-page-1/#comment-71800</link>
		<dc:creator>randy</dc:creator>
		<pubDate>Sat, 22 Aug 2009 05:50:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=9257#comment-71800</guid>
		<description>So, now the Attorney General of Wisconsin and the Chief Justice of the United States both agree that there is no obligation to defend a law they believe to be unjust.

So how come Obama feels obligated to defend DOMA, when he clearly is not?</description>
		<content:encoded><![CDATA[<p>So, now the Attorney General of Wisconsin and the Chief Justice of the United States both agree that there is no obligation to defend a law they believe to be unjust.</p>
<p>So how come Obama feels obligated to defend DOMA, when he clearly is not?</p>
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		<title>By: Morgan</title>
		<link>http://www.365gay.com/news/wis-ag-will-not-defend-gay-partnership-law/comment-page-1/#comment-71796</link>
		<dc:creator>Morgan</dc:creator>
		<pubDate>Sat, 22 Aug 2009 04:14:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=9257#comment-71796</guid>
		<description>Well, footwork61,

True an AG like or not, is supposed defend a manure pile of a law no matter how rotten and vile it might &quot;smell&quot;. It is not up to an AG to change or to make up law as he or she goes along. It&#039;s up to the legislature to do the law changing and the AG is supposed to defend that too. That is his job and that is what his powers are: to defend even the vilest, smelliest dung-heap of a law that passed. But however, that doesn&#039;t mean that a law isn&#039;t immoral and reprehensible just because it passed into law. Reprehensible simply because it denies the dignity that is the birthright of every human being. And that doesn&#039;t mean I won&#039;t shake his hand (because I would shake his hand if I could) for putting the dignity, value and worth of human beings over a law that should broken a million times each second. 

The time will come when a young generation coast to coast will come of age and say what the hell were these blighted state governments thinking of when they passed worthless trash for legislation that needs to thrown into and buried deep in a landfill as soon as possible.

I won&#039;t argue over the rights and wrong of what Jerry Brown did or didn&#039;t do, but he is hero in my book for not putting up with discriminatory and oppressive legal filth and rubbish and for putting the right to equality for all California citizens first over a vile, wretched and dehumanizing law.</description>
		<content:encoded><![CDATA[<p>Well, footwork61,</p>
<p>True an AG like or not, is supposed defend a manure pile of a law no matter how rotten and vile it might &#8220;smell&#8221;. It is not up to an AG to change or to make up law as he or she goes along. It&#8217;s up to the legislature to do the law changing and the AG is supposed to defend that too. That is his job and that is what his powers are: to defend even the vilest, smelliest dung-heap of a law that passed. But however, that doesn&#8217;t mean that a law isn&#8217;t immoral and reprehensible just because it passed into law. Reprehensible simply because it denies the dignity that is the birthright of every human being. And that doesn&#8217;t mean I won&#8217;t shake his hand (because I would shake his hand if I could) for putting the dignity, value and worth of human beings over a law that should broken a million times each second. </p>
<p>The time will come when a young generation coast to coast will come of age and say what the hell were these blighted state governments thinking of when they passed worthless trash for legislation that needs to thrown into and buried deep in a landfill as soon as possible.</p>
<p>I won&#8217;t argue over the rights and wrong of what Jerry Brown did or didn&#8217;t do, but he is hero in my book for not putting up with discriminatory and oppressive legal filth and rubbish and for putting the right to equality for all California citizens first over a vile, wretched and dehumanizing law.</p>
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		<title>By: LightsOfPhoenix</title>
		<link>http://www.365gay.com/news/wis-ag-will-not-defend-gay-partnership-law/comment-page-1/#comment-71793</link>
		<dc:creator>LightsOfPhoenix</dc:creator>
		<pubDate>Sat, 22 Aug 2009 03:43:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=9257#comment-71793</guid>
		<description>I am sick and tired of &quot;the voters&quot; getting to put amendments to state constitutions that deny LGBT people their rights.

Oh my, the people of Wisconsin voted to deny LGBTQ people the basic rights that any heterosexual couple takes for granted. 

You can bet that this man has a right-wing agenda above and beyond his role as AG.

I don&#039;t give a damn what those yahoos in Wisconsin think: NO ONE should be able to determine the civil rights of others!</description>
		<content:encoded><![CDATA[<p>I am sick and tired of &#8220;the voters&#8221; getting to put amendments to state constitutions that deny LGBT people their rights.</p>
<p>Oh my, the people of Wisconsin voted to deny LGBTQ people the basic rights that any heterosexual couple takes for granted. </p>
<p>You can bet that this man has a right-wing agenda above and beyond his role as AG.</p>
<p>I don&#8217;t give a damn what those yahoos in Wisconsin think: NO ONE should be able to determine the civil rights of others!</p>
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		<title>By: Morgan</title>
		<link>http://www.365gay.com/news/wis-ag-will-not-defend-gay-partnership-law/comment-page-1/#comment-71792</link>
		<dc:creator>Morgan</dc:creator>
		<pubDate>Sat, 22 Aug 2009 03:30:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=9257#comment-71792</guid>
		<description>Weeelll Drewwwwwski,

If it wasn&#039;t for theeeem thar cowwwz cheewin&#039; thaat cuud, yuu miiight neever haaav sum milllk!! Miiiilk doon&#039;t cuum fram a caartun, it cuums fram a cowwww!</description>
		<content:encoded><![CDATA[<p>Weeelll Drewwwwwski,</p>
<p>If it wasn&#8217;t for theeeem thar cowwwz cheewin&#8217; thaat cuud, yuu miiight neever haaav sum milllk!! Miiiilk doon&#8217;t cuum fram a caartun, it cuums fram a cowwww!</p>
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		<title>By: footwork61</title>
		<link>http://www.365gay.com/news/wis-ag-will-not-defend-gay-partnership-law/comment-page-1/#comment-71790</link>
		<dc:creator>footwork61</dc:creator>
		<pubDate>Sat, 22 Aug 2009 03:05:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=9257#comment-71790</guid>
		<description>Let’s not get too hypocritical here: when Jerry Brown announced that he decided to refuse to defend Prop. 8 because he thought it was unconstitutional, everyone hailed him for his good sense and courage. 

Now when the AG of another state makes the same decision – concerning a law with the opposite viewpoint – he is being pilloried.

So, which is it? Does a state attorney general have a right to refuse to defend legislation he or she believes is unconstitutional or not?</description>
		<content:encoded><![CDATA[<p>Let’s not get too hypocritical here: when Jerry Brown announced that he decided to refuse to defend Prop. 8 because he thought it was unconstitutional, everyone hailed him for his good sense and courage. </p>
<p>Now when the AG of another state makes the same decision – concerning a law with the opposite viewpoint – he is being pilloried.</p>
<p>So, which is it? Does a state attorney general have a right to refuse to defend legislation he or she believes is unconstitutional or not?</p>
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