Increasingly frothing delegate Bob Marshall wants us to push our state delegates to, in turn, push Speaker Howell to (apparently) lead an insurrection wherein he will take over the executive branch and appoint his own Attorney General. As Howell (and everyone else) knows, Marshall is one of the last opponents of gay marriage, and fighting at his side would be a political error of stellar magnitude. Accordingly, I would like to ask everyone to do as Bob requests, and push as hard as you can to get Howell to do it.
Here’s Bob’s letter to me, passed along to you, just as you will see in its text that he asked me to:
Virginia’s one-man, one-woman 2006 voter-approved Constitutional Marriage Amendment has been under attack in federal courts since January without a defense from the Commonwealth of Virginia, courtesy of Attorney General Mark Herring and Governor McAuliffe.
Please ask your state delegate to direct the Speaker of the House to go to state court and have Attorney General Mark Herring removed from the Bostic v. Rainey case challenging our Marriage Amendment, and also to direct the Speaker to appoint legal counsel to defend Virginia’s one-man, one-woman Marriage Amendment in federal court.
Delegate Mark Cole has introduced H.Res. 541 to work on this issue and it is the probable vehicle to take action but at present it DOES NOT MANDATE the House or the Speaker to take action. Please ask your delegate to amend H.Res. 541 to mandate the Speaker to take the action suggested below.
The House of Delegates must engage its own special counsel in the Bostic case because Attorney General Mark R. Herring, without legal authority and without precedent, has refused to defend Virginia’s Marriage Amendment. In fact, he has joined the plaintiffs attacking natural Marriage in the Fourth Federal Circuit Court of Appeals, urging the Court to strike down Virginia’s Marriage Amendment against the wishes of 1.3 million Virginia voters who ratified this amendment to our Constitution in 2006.
Hiring special counsel in the Bostic case is also necessary because the Governor of Virginia violated his constitutional obligation under Article V, §7 of the Constitution of Virginia to ensure that the laws of the Commonwealth are faithfully executed and refused to exercise his authority under § 2.2-510 of the Code of Virginia to employ special counsel.
The Supreme Court in the case of INS v. Chada, 462 U.S. 919 (1983), stated that Congress is the proper party to defend the validity of a statute when an agency of government is a defendant charged with enforcing the statute but agrees with plaintiffs that the statute is inapplicable or unconstitutional. [NOTE: This doesn’t apply to the Bostic case, because the defendant, Norfolk Clerk of the Circuit Court, George E. Schaefer III, most certainly does not agree with the plaintiffs that the ban on gay marriage is unconstitutional. -Left]
Since both Governor McAuliffe, and Attorney General Herring, have refused to defend our Marriage Amendment, the House of Delegates must direct the Speaker to defend our Marriage Amendment. Failure of the House to act promotes disregard for the law and substitutes executive privilege not just in place of the legislature, but in place of the sovereign people of Virginia who voted for the Marriage Amendment.
To find your delegate, please go to http://whosmy.virginiageneralassembly.gov/, enter your address in the dialogue box. Contact your delegate by Wednesday (9/17) evening at the latest.
PLEASE PASS THIS EMAIL TO AT LEAST ONE OTHER PERSON AND ENCOURAGE THEM TO TAKE ACTION TOO!
Please ask Speaker Howell to lead in the defense of real Marriage! Rejecting the “Laws of Nature and Nature’s God,” and thousands of years of human history by re-defining marriage laws in our country will have profound consequences for our personal liberty, social stability, economy and our national security.
Court-inflicted fines against businesses refusing to serve same-sex weddings and being fired from a job for voicing opinions against homosexual marriage already taking place are just the tip of the iceberg. Based on previous Supreme Court decisions addressing tax status, churches which refuse to allow same-sex weddings will lose their tax exempt status, public schools will be forced to promote homosexuality as an equal lifestyle, and adoption agencies will be forced to place children with homosexual couples or close.
We have every right to demand and expect that our Republican leaders protect our children and families, especially since our National Platform upholds traditional marriage!