Crazy Bob Marshall says he has issued an actual request for a legal opinion from Attorney General Mark Herring on the constitutionality of prohibitions on bigamy, following the denial by the Supreme Court to take up the Fourth Circuit’s affirmation of Bostic. Here’s the full text of the letter he sent to consituents:
Today I requested an official opinion from Attorney General Mark Herring on the Constitutitionality of Virginia’s Bigamy laws in light of the decision of the U.S. Supreme Court not to hear Virginia’s Marriage Amendment case.
The Fourth Circuit Court of Appeals said in their decison that, “Accordingly, we decline the Proponents’ invitation to characterize the right at issue in this case as the right to same-sex marriage rather than simply the right to marry.”
If the Virginia Marriage Amendment defining marriage as between one man and one woman has been overturned on the basis of the “right to marry” that that right surely extends to “throuples”, those who identify as polyamourous, polygamists and any individual who whishes to marry who or what he/she “loves.”
If it is the “right” of all people to marry who they love then I would like to know if it is the Attorney General’s legal opinion that Virginia’s bigamy and perhaps other laws realted to marriage are also Unconstitutional.
Attorney General Herring said in a speech yesterday, October 6, 2014, at the Arlington Court House that, “Today we celebrate a moment when we move closer to fulfilling the promise of equality…” I would like to know what further steps he believes are legally necessary to fulfill this promise.
Unless Mark Herring answers that, no, Virginia’s bigamy laws are not unconstitutional, I trust his answer will make good reading. (Members of the General Assembly actually are empowered to ask the Attorney General’s office for formal opinons. Such opinions are not rulings of law, but the can be cited as persuasive authority and will often be followed as law by state agencies needing guidance. Marshall’s request will, in fact, waste some taxpayers’ dollars while somone, if not Herring himself, drafts an answer. Keep it up, Bob.)