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A Democratic State Should Have A Democratic Attorney General II

by: measurestaken

Mon Mar 02, 2009 at 17:39:36 PM EST


( - promoted by Dean Barker)

I found in my inbox this morning a blast e-mail from the irreplaceable Bill Siroty. In it, he mentioned an example of Attorney General Kelly Ayotte's right-wing activism that I had forgotten and I think merits recounting.

In the summer of 2008, the California Supreme Court declared "that California's ban on same-sex marriage violates the 'fundamental constitutional right to form a family relationship,'" and made same-sex marriage legal in the nation's largest state. This ruling was met with tooth-gnashing outrage by right-wingers and homophobes throughout our great land.

Throughout the country, politicians of the right searched for ways to make political hay out of the Court's decision. Many municipal politicians and state legislators (including here in NH) introduced anti-same sex marriage resolutions and ordinances, Republicans in state houses throughout the land made impassioned speeches, and radio hosts amplified these efforts with bile and enthusiasm.

Stepping into this fray was none other than New Hampshire attorney general Kelly Ayotte.

measurestaken :: A Democratic State Should Have A Democratic Attorney General II
On May 30th, Ayotte signed a letter drafted by Utah attorney general Mark Shurtleff urging the Court to delay their ruling until after Proposition 8 was decided in November. The legal reasoning was a bland appeal to avoiding litigation on federalism grounds, but the company Ayotte was keeping speaks for itself.

I have no doubt that the attorneys general of such enlightened enclaves as South Carolina, Utah, Idaho, Alaska, and South Dakota were representing their constituents with their stalling tactics. Kelly Ayotte, however, represents a state where the voters - through their elected representatives, including Governor Lynch - made clear that this is state where the Gay and Lesbian community is a valued and important part of our cultural and political life and where their committed relationships are recognized and celebrated. It is sad that our attorney general would attempted to deny - even temporarily - the rights of others in our name.    

Kelly Ayotte decided it was more important to take the opportunity to again present herself on the national stage as a champion of the values the radical right holds dear. First with abortion in the Ayotte v. PPNNH case and in May of 2008 with same-sex marriage, Ayotte staked out a place well to right of New Hampshire's (and the nation's) position on hot-button far right issues.  I can't see how John Lynch can, in good conscious, reappoint someone whose views so clearly conflict with those of New Hampshire's citizens.

The Concord Monitor said it best when their editorial board pointed out that "(i)n this case, it appears that scoring political points came first" for Ms. Ayotte. Governor Lynch should do the right thing in the face of political pressure - as he did when dumping John Stephen and Dick Flynn - and replace Ms. Ayotte.

Finally, to add a bit of burlesque to the story, Ms. Ayotte un-signed the letter several days later, apparently after reviewing New Hampshire's domestic partner statute and discovering that the problem pointed out by her fellow right-wing AGs was already addressed in that legislation. Needless to say, her un-signing attracted much less notice in radical right circles than her initial signing...

References:

Concord Monitor Editorial - http://www.concordmonitor.com/...

Text of the AGs letter - http://legalpad.typepad.com/my...

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This is enough of a reason (0.00 / 0)
to disqualify her for re-appointment. She was not doing the work of the people of New Hampshire in this instance. It was pretty big, and shouldn't have happened.

There are other talented and qualified people who would do well as  NH's Attorney General.


Just for the record (4.00 / 2)
What's a Democratic state?

for the record (0.00 / 0)
Posters here, the self same Siroty in mufti I daresay,  brought the discussion. Through their actions, they framed the debate for what passes as msm in New Hampshire. That it became a story and she quickly (and dumbly) recanted the State's position is in no small part because of the dialogue on BH.

for transparency sake ~I represent Union print shops

U.S. Attorney is investigating Kelly Ayotte on request of Justice Laplante (0.00 / 0)

A long-standing state criminal prosecution which later became a malicious prosecution federal suit is under investigation by the U.S. attorney on request of Federal Judge Joseph Laplante. Laplante's request came as a result of a letter to the United States Senate Judiciary Committee during his nomination hearings. Ayotte is cited for refusal to release witness statements and for her refusal to file crimal charges as well as Professional Conduct Committee complaints against present and former Rockingham County attorneys. U.S. Attorney Tom Colantuono has been sitting on this matter since May of 2007 for obvious reasons. Governor Lynch is well aware of the matter but refuses to make a statement.
For a copy of the letter to Senator Patrick Leahy and Justice Laplante's response, please contact me at davecoltin@netscape.net  

For the record, I think it's fair to say that (4.00 / 2)
there is no

fundamental constitutional right to form a family relationship
.

The Constitution outlines several civil rights which have to do with the individual citizens relationship to the governance of state and nation.  The rights enumerated in the Bill of Rights are an important sub-set of the larger category of human rights which derive from God or nature, depending on your preference.  Forming family relationships is a beneficial human behavior.  Having them recognized is beneficial to the larger community for the simple reason that it's helpful to know who's taken on additional responsibility to be looking out for whom.  
Why conservatives are opposed to other people taking on additional social obligations voluntarily is a bit of a puzzlement.  It can't just be that taking on responsibilities conflicts with their selfish interests, can it?

The failure to be clear about who does what to whom, when and why gets us into a lot of muddles.



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