Splaine Urges Lynch to Have AG Join MA DOMA Suit

We should not mix up partisan politics with the AG's job of protecting the Constitution and the rights of citizens. (4.00 / 10)

Pindal's column is basically a silly attempt to create a controversy that doesn't exist. While it may well be a great idea to join in the lawsuit, and the AG's office and the Governor should certainly give the matter consideration, it just trivializes the issue to say that this decision must be made in the couple of weeks before Kelly Ayotte's term ends.

We would not have been happy if a GOP governor tried to force the AG to take a position within three weeks solely to affect an upcoming election.
(Note: nothing in Jim Splaine's letter suggests this, I am reacting to Pindal's column, not the letter).

Besides there are plenty of issues upon which it will soon become apparent that Paul Hodes better represents the interests of the people of NH than any putative GOP nominee.

Finally, given the political issues at stake, I would rather have the decision made by someone who is not about to leave to run for an elective office. In the long run the state will be better swerved by keeping politics out of the AG's office and letting legal decisions be made on legal merits.


"But, in the unlikely story that is America, there has never been anything false about hope." Si se puede. Yes we can.  

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by: Paul Twomey @ Thu Jul 09, 2009 at 10:29:46 AM CDT

Twomey for AG! n/t (4.00 / 5)

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by: Dean Barker @ Thu Jul 09, 2009 at 10:53:57 AM CDT

[ Parent ]

But I will add: (4.00 / 5)

that Governor Lynch has repeatedly expressed his displeasure with DOMA in relation to a marriage equality bill, so now that we have one, it makes governing sense to me.  That it has political ramifications is a bonus, but without the former, the latter would be pointless.

And also that our AG until the 17th has a record of joining other states in actions.

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by: Dean Barker @ Thu Jul 09, 2009 at 11:01:27 AM CDT

[ Parent ]

better swerved ? edit- n/t (4.00 / 1)

If the kids can't bop to it, it's bombsville.

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by: JonnyBBad @ Thu Jul 09, 2009 at 11:05:26 AM CDT

[ Parent ]

Non-Political Is Correct... (4.00 / 5)

...this matter is about fairness, equality, and rights, not politics.  It's not about politics.

I agree with Paul's observations (Dean's too) and addressed my letter to Governor John Lynch, and I'm assuming it would be something to be thoroughly discussed and considered during the next several weeks long after a new Attorney General has moved into his/her new office.

John Lynch offered great leadership on June 6th (has it just been a month already?!) when he signed House Bill 436 and spoke so strongly about eliminating the Defense Of Marriage Act.  This could be a step toward accomplishing that goal.

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by: Rep. Jim Splaine @ Thu Jul 09, 2009 at 11:10:58 AM CDT

[ Parent ]

Ayotte on DOMA (4.00 / 4)

Could not agree more with all the comments above, and assuming the MA litigation has no glaring holes upon review by our AG's office and the Governor's legal counsel, then extending the same federal rights, benefits and obligations to NH same-sex spouses as they will soon have under state law is clearly the right, consistent and prudent thing for our state to do.

Let's not forget, for those of the more libertarian persuasion as opposed to the right-wing mindset, this is a state's rights issue too ... in other words, after July 17th the NH press should ask Ms. Ayotte her opinion on:

1) whether NH should join this litigation and
2) what is her opinion on DOMA and its constitutionality (or lack thereof).

President, NH Young Democrats

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by: Garth Corriveau @ Thu Jul 09, 2009 at 11:48:37 AM CDT

[ Parent ]

Fairness, equality, rights, and (4.00 / 4)

Making sure the federal government and other states respect New Hampshire law and their obligation to give it full faith and credit.

--
New Hampshire's stimulus: a train to Boston.
Visit NHBTI.org to learn about the NH Capitol Corridor project.

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by: Douglas E. Lindner @ Thu Jul 09, 2009 at 12:05:28 PM CDT

[ Parent ]

Let Lynch put his money where his mouth is and make Ayotte do her job (4.00 / 3)

It is easy for straight people to be glib and think this is silly.

This is dead serious - my spouse - and soon to be husband -  deserves equal protection under law. We do not have this.

Talk is cheap. Lynch should act on this.

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by: Putney Swope @ Thu Jul 09, 2009 at 11:48:19 AM CDT

[ Parent ]

Though I tend to agree with Paul (4.00 / 1)

That's a powerful point.

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by: JimC @ Thu Jul 09, 2009 at 12:32:30 PM CDT

[ Parent ]

You need to re-read what I wrote. (4.00 / 4)

What I said was silly was the suggestion that Gpvernor Lynch demand a legal opinion on the subject in the next two weeks in order to put Kelly Ayotte in a box made any sense either as public policy or as politics. If somehow that involves you or your spouse personally, it escapes me how.

What does involve you (and even involves straight people, glib or otherwise) is whether or not a federal law that restricts the rights of states to afford equal rights to all its citizens is itself: 1) fair; 2)wise and 3) constitutional. I have no doubts about 1 and 2. As for three, it is a serious question that requires serious thought.

I haven't read the petition that Coakley's office filed, so dont really know how strong a constitutional case they make (the interplay between federal powers and those of the states is a complex subject); however, at first blush this appears to be another in a string of innovative suits brought by the Mass. AG office to protect the people. (Coakley's Office has taken the lead in a number of economic suits to protect people).

This is a role that we haven't seen met by our Attorney Generals Office or the US  Attorney's office in some time,  as both were apparently willing to sit back and watch economic crimes being committed on a wholesale and open basis by predatory financial institutions during the past eight years.

"But, in the unlikely story that is America, there has never been anything false about hope." Si se puede. Yes we can.  

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by: Paul Twomey @ Thu Jul 09, 2009 at 13:29:09 PM CDT

[ Parent ]

Twomey is wise (0.00 / 0)

MA suit may very well have merit, and if it does help the case of advancing civil rights, by all means lets get on board.  But trying to use it as some weird political tactic vis a vis Kelly Ayotte is silly. and not how lynch works.

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by: veritas @ Thu Jul 09, 2009 at 20:48:02 PM CDT

[ Parent ]

This Isn't About Politics... (0.00 / 0)

...it's about equality, fairness, and rights.  I'm sure John Lynch will consider that, as will Michael Delaney once he becomes Attorney General.  

The decision to join the Commonwealth of Massachusetts in the law suit will take a while and by then the current occupant of the AG's Office will be long gone and walking the campaign trail.  So this issue has nothing to do with her -- but everything to do with breaking down discrimination.  It's serious business.

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by: Rep. Jim Splaine @ Thu Jul 09, 2009 at 21:03:22 PM CDT

[ Parent ]

Ask an Itse (4.00 / 2)

2. Section 3 of DOMA exceeds congressional authority and interferes with the Commonwealth's sovereign authority to define marriage, in violation of the Tenth Amendment to the United States Constitution, Congress's Article I powers, and the Constitution's principles of federalism.

So, AG Coakley pins this challenge on the 10th Amendment. Yet, the very partisan CPR comes out against such a challenge.

Has anyone noticed how the 10th Amendment serves as a convenient lever for GOoPers?

CPR's response to this matter, clearly illustrates the bold face lie that the NHGOP truly embraces libertarian ideals. Protection of state sovereignty ais nothing more than handy talking points, spilled out as needed to champion a narrow conservative agenda. The ideals behind those talking points are cast aside when they get in the way.

I am not a libertarian, though I could be considered a sympathizer. Who, after watching Bush/Cheney, Inc. distort the role of our executive branch, would not have grave concerns about what our national government could do?

My sympathy goes out to those folks who's ideals are getting prostituted by political pimps.

www.KusterforCongress.com  

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by: Jack Mitchell @ Thu Jul 09, 2009 at 11:29:22 AM CDT

Amendment X (4.00 / 1)

(I had to look it up)

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Reserved to the States, or the people. How's that for a wide open loophole?

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by: JimC @ Thu Jul 09, 2009 at 12:29:55 PM CDT

[ Parent ]

By the way (4.00 / 2)

Good to know Beck abuses his conservative guests, not just his liberal guests. (Does he have liberal guests?)

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by: JimC @ Thu Jul 09, 2009 at 12:31:26 PM CDT

[ Parent ]

This IS Serious Business... (0.00 / 0)

...and I think it is something that an Attorney General Mike Delaney will carefully consider as he looks at the positives of joining the Commonwealth of Massachusetts.  I have much confidence in him that his heart is in the right place on this.  

As Putney observes, we're talking about people and lives here.  

This isn't about politics.  It's about something much more.  

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by: Rep. Jim Splaine @ Thu Jul 09, 2009 at 14:23:48 PM CDT

For context-- (0.00 / 0)

There seems to be some thinking that the federal government is not subject to the equal protection clause.  At least, that was one response to my argument that the Medicare program as currently operating--i.e. restricting protection from threats to health and welfare to the elderly--is in violation of the equal protection clause.

Be that as it may, the Congressional supervision of the federal government has been rather lax in the area of promoting equality.  For example, I think I recall that there was an exemption from requiring equal pay for Congressional employees.  Also, retirement benefits and health care provisions have been separate and unequal.  You could almost argue that the Congress has been the last bastion of segregation.  Race-based segregation is just one manifestation of the predilection for a stratified society based on position, rather than actual achievement.

I'm quite willing to honor public officials, if, by their service, they've proved themselves honorable.  Just getting elected or appointed to a position does not make them, ipso facto, honorable.  

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by: hannah @ Thu Jul 09, 2009 at 15:55:55 PM CDT

No free pass, though (4.00 / 2)

I agree with the call for the Governor to join in the suit.

But what about President Obama? Why do states have to act, to force his administration to act?

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by: elwood @ Thu Jul 09, 2009 at 17:00:34 PM CDT