Kentucky’s AG Refuses to Defend Marriage. Governor Forced to Hire Private Law Firm.

Divorce

This story is a couple of weeks old, but I’ve been too busy to take it on until now.

A few weeks back, a federal judged made the landmark ruling that Kentucky had to honor gay marriages which were contracted in other states. This ruling, if upheld, has the practical effect of legalizing gay marriage in every state of the union. The judge’s ruling was based on last summer’s hydra-headed Windsor ruling by the United States Supreme Court. Windsor overturned the federal Defense of Marriage Act, (DOMA.)

In what has become a predictable dereliction of duty, Kentucky’s Attorney General, Jack Conway, announced that he would not defend the state statute, because “it was discrimination,” and, as he said in his announcement, “that I will not do.”

In other words, he’s appointed himself the legislature, court and will of the people of the entire state. He is also, flatly and obviously refusing to do the job he was elected to do. Pious pronouncements aside, this is a clear failure of integrity on his part. As I said before about other attorney general’s who have done this same thing, they don’t seem to know what their job is.

Attorney’s General are chief law enforcement officers. They are not lawmakers, and even though law enforcement rests in the judicial branch, they are not judges. Attorney General Conway obviously ran for the wrong office.

Now, Kentucky’s Governor, Steve Beshear, has announced that he will hire an independent law firm to defend the state.

Does anyone “get” what a dereliction of duty this attorney general is indulging in? Does anyone understand how wrong it is for the governor to have to spend tax payer money to hire outside attorneys to do the job that the attorney general of Kentucky was elected to do?

I am way past glad that the Governor is taking this step. This court decision is huge. It must be challenged.

In the meantime, I’m wondering if the people of Kentucky are so caught up in the gay marriage bubble that they don’t “get” the full significance of what their AG is going to them. I wonder if any of the people of this country can understand what a breakdown it is for so many attorneys general to refuse to do their jobs.

This isn’t a small thing. It’s a symptom of a very ugly infection of narcissistic dishonesty in the body politic. I am not talking about gay marriage, per se. I am not talking about any issue. I am talking about our system of governance, which depends on people who will govern by the law and by responsible action, not opinion polls.

United States Attorney General Eric Holder has stepped in with a “ruling” of his own, saying that “states attorneys general don’t have to defend gay marriage bans if they view them as discriminatory.”

Isn’t that nice? The nation’s number one cop as decided to publicly indulge in selective law enforcement. He is unilaterally giving anyone who wants to violate their oath in support of the side of an issue that he happens to agree with a free pass from the Justice Department.

If the laws are enforced selectively — which is what the United States Attorney General is doing — then the laws are by definition unjust. Selective enforcement of the law is — dare I say it? — discriminatory on its face.

One interesting side note in this story: Both the governor and the attorney general are Democrats.

 From Time:

Kentucky Gov. Steve Beshear said Tuesday that his office would hire outside counsel to appeal a court ruling that the state must recognize same-sex marriages performed outside Kentucky, just moments after the state attorney general, a fellow Democrat, said he would no longer defend the ban.

Jack Conway, Kentucky’s attorney general, said Tuesday that if he appealed the recent ruling, he would be forced to defend discrimination. “That I will not do,” he said in a statement. “As Attorney General of Kentucky, I must draw the line when it comes to discrimination.”

Beshear promptly announced that his office would continue the appeal, the Associated Press reports, saying there would be “legal chaos” if the courts don’t delay any changes until after an appeal. “Employers, health care providers, governmental agencies and others faced with changing rules need a clear and certain roadmap,” Beshear said. “Also, people may take action based on this decision only to be placed at a disadvantage should a higher court reverse the decision.”

The rapid-fire action and reaction underscored how states are struggling to respond to a wave of court decisions striking down same-sex marriage bans of various kinds. U.S. Attorney General Eric Holder recently said state attorneys general don’t have to defend gay-marriage bans if they view them as discriminatory.

 

Justice Department Loses Case Against Pro Life Demonstrator

Attorney General Eric Holder and his wife Dr Sharon Holder

A rather obvious case of the Justice Department mis-using the law to harass a peaceful pro life demonstrator has been settled. David Hamilton was handing out literature at EMW Surgical Center when he and a clinic employee collided. No one was injured.

The United States Department of Justice subsequently charged Mr Hamilton with a violation of the Freedom of Access to Clinic Entrances Act. The government sought $15,000 in fines and another $5,000 in penalties from Mr Hamilton.

Even though the case is over, the atmosphere of intimidation it created remains. I would guess that this was a harrowing experience for Mr Hamilton and that it has had a chilling effect on others. I also think that was the real reason the government filed this claim.

It’s worth noting that the Attorney General of the United States has monetary links to the abortion industry through a building owned by his wife, Dr Sharon Holder. According to news reports, Attorney General Holder’s wife was part owner of a building where an indicted abortionist had his clinic. You can read about that here.

A LifeNews.com article concerning this case reads in part:

LifeNews.com  In a legal victory, the Obama administration has been stopped from targeting a peaceful pro-life advocate helping provide abortion alternatives to women heading to an abortion facility in Louisville, Kentucky.

In January 2010, David Hamilton was peacefully and lawfully handing literature to women entering EMW Surgical Center, an abortion clinic. He was not only interfered with illegally by abortion facility volunteers who locked arms to block him from talking to women, but he faced legal action from the Obama administration.

The Department of Justice prosecuted him for allegedly assaulting a volunteer who actually assaulted him. The “escort” attempted to forcibly block Hamilton to prevent him from sharing literature with women entering the clinic that explained other options to them.

Over a year after the date of the incident, rather than serving the clinic volunteer with a legal complaint for the illegal conduct, the Department of Justice served Hamilton with a legal complaint, alleging that he violated the Freedom of Access to Clinic Entrances Act. The Life Legal Defense Foundation, a pro-life legal group, stepped in to provide Hamilton with legal support in court. The Obama administration lawsuit sought a $15,000 penalty and $5,000 in compensatory damages.

Today, the Life Legal Defense Foundation, a pro-life legal group, informed LifeNews that, three years after being unjustly arrested and then unjustly sued by the federal government, pro-life sidewalk counselor David Hamilton has ultimately won. The case has been settled and dismissed without an injunction and without a fine.

“Metro Police appropriately dismissed the local criminal case but almost a year later, the Attorney General of the United States filed a lawsuit under the Freedom of Access to Clinic Entrances Act. This lawsuit was part of the campaign of intimidation brought by the Obama administration,” asserted attorney Vince Heuser. “The attorney general has filed numerous lawsuits against pro-lifers for trivial problems that should have been handled locally. Many of them have been lost already or settled for nominal sums. It has been a colossal waste of taxpayer money and an abuse of the rights of pro-lifers across the nation.”

The EMW Women’s Surgical Center in Louisville is the abortion business that was caught on videotape covering up a potential case of sexual abuse of a minor.

LifeNews Note: The case has been settled. LifeNews initially reported a judge dismissed the case. We have corrected this and regret the error.

(Read more here.)

Attorney General’s Wife Co-Owned Abortionist Office Building

Attorney General Eric Holder and his wife Dr Sharon Holder

 Attorney General Eric Holder’s wife, Dr Sharon Holder, and her sister, Margie Tuckson, were co-owners of the building where indicted abortionist Dr Tyrone Malloy had his abortion clinic.

According to an article in Human Events, the co-ownership is held through a trust.

The story was uncovered by Jill Stanek, the pro-life nurse who blew the whistle on President Obama’s history of killing the Infant Born Alive Act in Illinois.

Stanek says:

Thanks to pro-lifers Michelle Wolven and Catherine Davis, a small group of us have been on this story for weeks.
While Michelle and Catherine were digging through online records of Georgia abortion clinics, they stumbled on the fact that Attorney General Eric Holder’s wife Sharon Malone Holder (both pictured right) co-owns with her sister an Atlanta area abortion clinic building.
The building is located at 6210 Old National Highway, College Park, Georgia.

They handed the story over to Troy Anderson, who, along with co-author Will Swaim, published the article yesterday in Human Events.

The resulting Human Events article says in part:

Eric Holder Jr.’s family is moving fast and furiously to bury the U.S. Attorney General’s ties to one of Georgia’s most notorious abortion doctors.

Just cleared by an internal report in the “Fast and Furious” gunrunning debacle, the nation’s top lawman now faces allegations that his connection to Dr. Tyrone Cecil Malloy is a conflict of interest that helps explain Holder’s failure to prosecute abortion providers who run afoul of federal law.

Critics say it may also explain why Holder has been eager to prosecute pro-life advocates who counsel women outside abortion clinics.

Documents obtained by Watchdog show that Holder’s wife and sister-in-law co-own, through a family trust, the building where Malloy operated. A Georgia grand jury indicted Malloy on Medicaid fraud charges in 2011. A state medical board twice reprimanded the doctor.

Holder and his wife, Sharon Malone Holder, an obstetric and gynecological doctor at Foxhall OB/GYN in Washington, D.C., failed to respond to several requests for comment.

But reached by phone at her home in Minneapolis, Margie Malone Tuckson, Holder’s sister-in-law, said there’s no link at all — that Fulton County tax records showing the property belongs to her and Holder’s wife “are wrong.”

“I don’t own this property and my sister does not own this property. We are not technically on this deed,” Malone Tuckson said.

However, public documents reviewed by Watchdog.org show that the family transferred ownership to a family trust in 2009, eight months after President Barack Obama’s inauguration. But even the new deed directly names Holder’s wife and sister-in-law as trustees. After inquiries by Watchdog reporters, Tuckson contacted the Fulton County Assessor’s office and asked them to change tax records to reflect the “new” ownership.

But none of these technical changes obscures the Holders’ conflict of interest. Catherine Davis, a founding member of the National Black Prolife Coalition and president and founder of The Restoration Project — a Stone Mountain, Ga.-based pro-life, pro-family organization — said she’s outraged by the revelations.

“There is a clear conflict of interest when the man charged with pursuing those that abuse the system is also one who is engaged in some way with the business,” said Davis, whose organization brought the issue to the attention of Watchdog.

Troy Newman, president of Operation Rescue, a national pro-life organization based in Wichita, Kan., said the disclosures help him understand why Holder has been targeting pro-life advocates.

In recent months, judges have blocked Holder’s efforts to punish pro-life supporters counseling women outside abortion clinics. In one case, Holder’s Department of Justice agreed to pay Mary “Susan” Pine $120,000 for its filing of an “improper lawsuit” against her, according to a statement by Liberty Counsel, an Orlando, Fla.-based nonprofit legal firm. Pine counseled women on the sidewalk outside a Florida abortion clinic.

“It looks to me like the attorney general and his wife are in business with the abortion industry, which makes a lot of sense and helps explain why (Holder’s Justice Department) is prosecuting pro-lifers and losing the cases around the country,” Newman said.

“They have been attempting to prosecute pro-life people under the (Freedom of Access to Clinic Entrances Act of 1994), and as far as I know they have lost 100 percent of those cases in the last four years. This (Malone Holder’s property interest) explains his bias. I don’t think it’s a surprise to anybody that Holder and the Obama Administration are extremely biased against pro-life people and in favor of the pro-abortion crowd.”

Fulton County tax records show Holder’s wife and sister-in-law own the building, located at 6210 Old National Highway, College Park, Ga. A statement from the Georgia Department of Law shows the building was home to Old National Gynecology, Malloy’s medical practice devoted to the performance of abortions.

In December 2011, the statement says, a DeKalb County Grand Jury indicted Malloy, Old National’s owner and operator, and his former office manager CathyAnn Edwards Warner on two counts of Medicaid fraud. The indictment alleged Malloy and Edwards accepted nearly $390,000 in federal medical assistance payments for medical office visits associated with the performance of elective abortions and for ultrasound services that were never performed. (Read more here.)


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