Attorney General's stance a derelection of duty
Published August 9, 2014
by Tami Fitzgerald, NC Values Coalition, published in News and Observer, August 8, 2014.
It’s a sad day in America when federal judges disenfranchise the average American citizen and elected officials stand in front of the media and announce they won’t do the job they’ve been elected to do. But that’s exactly what we have seen in North Carolina.
The Fourth Circuit Court of Appeals, which includes North Carolina, overturned Virginia’s Marriage Amendment, erroneously finding that there is a “fundamental right” to same-sex marriage. Two judges sitting in Richmond overrode the will of the people of Virginia where 57 percent of voters approved the amendment in a landslide.
Federal judges should have no authority under the U.S. Constitution to overthrow state marriage amendments, which are passed by millions of people by ballot referendum. Even the U.S. Supreme Court recognized in Windsor that the states have historically and by court precedent had the right to determine marriage policy for themselves.
Voters in North Carolina, Virginia and 31 states across the country recognize that marriage is a sacred institution and have gone to the polls time and again to defend it.
Marriage expresses the reality that men and women bring distinct, irreplaceable gifts to family life, especially for children who deserve both a mom and a dad. We should all be outraged that federal judges have put themselves in the place of God by seeking to redefine the very institution that He created.
But even more outrageous than federal judges playing God with the definition of marriage is our Attorney General Roy Cooper’s deciding that he no longer wants to do the job he was elected to do – defend the laws and Constitution of North Carolina.
Cooper barely waited for the ink to dry on the Fourth Circuit’s opinion before he gathered the press to announce that he will no longer defend North Carolina’s marriage amendment.
Cooper also indicated that he intends to help overturn the North Carolina marriage amendment. He said that he would no longer stand in the way of the cases proceeding, which means he will not object to the legal arguments put forward by the ACLU and the homosexual couples it represents.
It’s true that the Fourth Circuit’s decision in the Virginia case foretells how the same court would likely rule on the challenges pending to our marriage amendment. However, it is not within the discretion of the Attorney General to determine that a decision on Virginia’s amendment somehow invalidates North Carolina’s amendment, especially because no judge has found it unconstitutional. Cooper should be vigorously defending North Carolina’s amendment, making every argument and opposing any motion put forth by the ACLU.
The ruling on Virginia’s amendment is not final until the Supreme Court rules on its appeal.
Cooper’s actions are brazenly defiant of his constitutional duties. Just because he personally doesn’t like our marriage amendment doesn’t give him the right to “throw in the towel” on behalf of the rest of us. It was clear last fall that Cooper would be no advocate for the marriage amendment when he served as the keynote speaker at an event for a group opposing the amendment. So perhaps it shouldn’t come as a surprise that he would capitulate this easily.
What was a surprise, however, was his claim that his attorneys had “made every argument possible” to defend our marriage amendment. Really? As an attorney, I can tell you that the Attorney General’s office has failed to make some of the most critical arguments in favor of our marriage amendment.
His dereliction of duty is truly an outrage and, arguably, a reason for Cooper to be removed from office.
It’s no secret that Cooper is running for governor in 2016, and Cooper’s actions are clearly political. But this isn’t even smart politics. How does Cooper expect to be elected by the people of North Carolina when he is so publicly opposed to an amendment that garnered over 61 percent of the vote when it was on the ballot?
Cooper is not doing his job as Attorney General, so the voters of North Carolina shouldn’t want to make him governor.
Tami Fitzgerald is the executive director of the N.C. Values Coalition.
August 9, 2014 at 1:18 pm
Norm Kelly says:
If he's not willing to do the job he already has, other than that he's a politician, why would we give him a job with MORE responsibility?
We've had govs that didn't do the state much good, mostly because of their personal positions on topics. Gov Bev may be an exception, cuz she just wasn't good at anything, and seems quite unqualified for the position. I'm not saying she didn't do her job; I'm saying that she didn't know what the job was; there are so many other totally unqualified demons that should never occupy an office. The current White House occupant certainly tops the list of people who are not just unqualified, but grossly unqualified and overwhelmed with the responsibility. Plus he surrounds himself with id10ts, so he doesn't even get help from his closest advisers. Then there's the ever popular but useless Billary. What exactly are HER qualifications? That list is so short that even her major supporters come up empty. Ask a supporter of hers what she's done that they believe qualifies her for the office or even their support, and the silence is deafening.
Which brings us back to NC politics. Roy sounded good until his back was against the wall. When Republicans in the legislature and mansion said that they were going to hire their own lawyers to defend the marriage amendment, not only did Roy tell us it was a waste of money, but so did every lib out there. And not just in NC, but from all over the country libs came out of the woodwork to defend Roy's ability and willingness to do his job. But it was obvious from the beginning that he was intent to NOT do his job. So what makes him qualified to get a higher position, gov? Nothing. Can't do the job of a lesser position, does not deserve a promotion.
Yet, we all know every lib in the nation will come out to support him if he runs for gov. And those of us who know he's unqualified will be denigrated as racist, homophobic, and every other kind of hater out there. Just because he's proven he doesn't want to do the job he's elected to do. But we'll be roasted anyway and made to feel like out opinions don't matter. It's because of his willingness to stand against a law that he doesn't believe that libs will tell us he actually is qualified and should be promoted. There is no logic in lib logic, just feelings.
