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Thursday, April 02, 2015

". . . with the state's dire financial crisis, pursuing expensive litigation that has little chance of victory is an unwise use of our dwindling resources," [Updated]

[UPDATE April 4, 2015:  Here's an update where the governor says he wouldn't have done it, but his attorney general called the shot.  Since he's the one who can hire and fire the AG, sounds like a lame excuse.]  
"Despite my personal views on marriage, with the state's dire financial crisis, pursuing expensive litigation that has little chance of victory is an unwise use of our dwindling resources," he [Walker] said."  (ADN October 13, 2014)
Yet today I learned that Alaska is party to the Amicus Brief against gay marriage in the appeal of the 6th Circuit Court's decision to the US Supreme Court.  



The governor's statement comes pretty close to an explicit promise.  I know lots of Alaskans who took it as a promise not to pursue the state's appeal of the decisions against the decisions that resulted in gay marriage being legal in our state, despite our state constitutions amendment saying marriage is between one man and one woman.

Given that, it didn't occur to anyone that we would join to fight for the rights of  Ohio, Michigan, Tennessee, and Kentucky to block gay marriage.

As an Alaskan, I'm chagrined and embarrassed.  Governor, you don't have a lot of support among the Republicans in the legislature on key issues.  You shouldn't also piss off the majority of Alaskans who elected you as well.

Here's the outline of the argument being made in our names:

Argument................................................................................ 2
    I.    Determining the shape and meaning of marriage is
 a fundamental exercise of self-government by
state citizens .................................................................. 2
    A.    Our Constitution ensures that state citizens
 have the sovereign authority to govern themselves ............................................................... 2 

    B.    The States’ exercise of sovereign authority is
 at its apex in domestic relations law........................ 4 

    C.    In deciding whether to adopt same-sex marriage, state citizens exercise their sovereign authority to determine the meaning
of marriage ................................. 7 

    II.    A decision constitutionalizing same-sex marriage would erase the sovereignty of state citizens to determine the meaning of marriage............................... 9

   A. Such a decision would abandon the premise of Windsor .......................... 11 

    B.    Such a decision would dilute the numerous democratic victories recently won in the States
by proponents of same-sex marriage..................... 17 

    C.    Such a decision would eliminate the States’
role as laboratories of democracy in the realm
of domestic relations ............................................. 19 

    D.    Such a decision would announce that state citizens are incapable of resolving this issue through constructive civil discourse...................... 21 


OK, with that off my chest, does Alaska's name on the brief matter?  I suspect not much, but it is one more state the group can point to.   I'm guessing our Department of Law didn't contribute a lot to the amicus brief from the states.  But, it's the first major broken promise to the coalition that elected Walker.  We knew Walker was a Republican, but he did promise to focus on the gas pipeline and the budget and leave social issues alone. 

2 comments:

  1. As I have left your fine state, I will only write that I'm very saddened to see Alaska named in this truly shameful document.

    ReplyDelete
  2. Winston Churchill is on my mind this week as we are in England and have visited his grave, etc. Reading all the stories about the various desperate attempts to maintain discrimination brings to mind Churchill's speech, "we shall fight on the beaches, we shall fight in the streets..."

    This is Armageddon to the GOPs... they see the end of all they hold dear: being in charge, being superior to THEM, getting to impose their ideas of morality on other people. No wonder they're fighting on the beaches. But what a waste

    ReplyDelete

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