The Christian right is furious over a federal judge striking down Virginia’s ban on same-sex marriage and offering the usual list of terrible arguments about it. Brian Brown of the National Organization of Marriage gets almost everything wrong in this response.
“This is another example of an Obama-appointed judge twisting the constitution and the rule of law to impose her own views of marriage in defiance of the people of Virginia. There is no right to same-sex ‘marriage’ in the United States constitution.
There’s no right to marriage at all in the constitution if you think enumerated rights are the only ones that exist (which he doesn’t, of course, but he’ll pretend to when he doesn’t like the unenumerated right being upheld). So by his reasoning, the federal government could ban marriage, right?
This case also leaves a particular stench because of the unconscionable decision of Attorney General Mark Herring to not only abandon his sworn duty to defend the laws of the state, but to actually join the case against the very people he is duty-bound to represent.”
Actually, there is no such sworn duty. Here’s the oath of office in Virginia:
“I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as . . . . . . . . . . according to the best of my ability, (so help me God).”
Doesn’t say anything about any “sworn duty” to defend every law in the state in court if he thinks the law is unconstitutional. In fact, if he believes that the law violates the U.S. Constitution, wouldn’t it violate the oath to defend that constitution?