Pennsylvania: Another AG Refuses to Do Her Job

Attorney General Kathleen Kane

Pennsylvania Attorney General Kathleen Kane

 

Kamala Harris has an astral twin in Pennsylvania

Ms Harris is the California Attorney General who refused to do her job when it came to speaking for the people of California and defending Proposition 8 in court. That is why the Supreme Court refused to rule on Prop 8, which let the lower court decision that overturned it stand. 

Now, we have another state Attorney General who says she is going to use the power of her office to aid in overturning a state law by the simple expedient of refusing to do her job. 

“I can not ethically defend Pennsylvania’s version of DOMA,” Pennsylvania Attorney General Kathleen Kane announced at a press conference attended by cheering gay marriage supporters, “We are the land of the free and the home of the brave and I want to start acting like that.”

I’m not sure how an Attorney General can claim that they are “ethically” refusing to do the job they were elected to do with a straight face, much less do it with such grade school rhetoric. 

I am a Democrat, but it’s no surprise to me that this latest la-dee-dah refusal to do the job which is the primary requirement of the office she holds comes from another Democrat. I have a suggestion for Attorney General Harris: If you find the laws of Pennsylvania so reprehensible that you cannot in good conscience enforce them and defend them in court, then do not file for the office and campaign for the job which requires you to do that. 

If Attorney General Harris wanted to be a lawmaker, she should have filed for the state legislature. Then, she could have worked to overturn this statute by acting in the full integrity of her office. However, she did not file for the legislature and she was not elected to that or any other lawmaking body. The office she sought and to which she was elected is the chief law enforcement office of Pennsylvania.

Cops at any level do not make laws and they do not chose which laws to enforce. It’s called separation of powers, and we have it to keep little caesars like this from taking over government. 

These two women have allowed their overweening concern with their own personal opinions to supersede the responsibility they owe the people of their states to do the job they were elected to do. If they were honest rather than demagogues, they would resign these offices on the basis that their consciences would not allow them to do the job in front of them.

To refuse to do their jobs and by so doing to aid in the overturning of a law they are bound by oath to enforce and defend is dishonest, callous, cheap demagoguery that denies the people who elected them the voice in the courts that they promised to give when they ran for election in the first place. 

From Reuters

PHILADELPHIA (Reuters) – Pennsylvania Attorney General Kathleen Kane refused on Thursday to fight a lawsuit brought by the American Civil Liberties Union challenging the state’s ban on same-sex marriage.

The lawsuit is believed to be the first federal case since the U.S. Supreme Court ruled on June 26 that the U.S. government must recognize same-sex marriages in states where it is legal.

Kane, a Democrat who supports same-sex marriage, announced her decision at a press conference in the National Constitution Center in historic Philadelphia.

“I cannot ethically defend Pennsylvania’s version of DOMA,” Kane said, referring to the federal Defense of Marriage Act, overturned by the high court last month.

“It is now the time here in Pennsylvania to end another form of discrimination,” Kane said to a crowd of about 200 supporters gathered at conference, many carrying signs reading “Out for Freedom” and cheering her decision.

“We are the land of the free and the home of the brave and I want to start acting like that,” she said.

By declining to defend the state, Kane effectively tosses the issue to Governor Tom Corbett, who can decide to appoint another state lawyer to the task.

Kane and Corbett, a Republican who opposes gay marriage, are both named in the federal lawsuit that was filed in Harrisburg this week.

The ACLU sued on behalf of 23 people, including potential marriage candidates whose unions would not be recognized under current Pennsylvania law.

The lawsuit asks the court to allow the plaintiffs and all other same-sex couples the right to marry in Pennsylvania, and also asks that the marriages of same-sex couples validly obtained in other states be recognized by the state.


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