The will of the people?

You have to wonder. When the citizens of a state overwhelmingly pass a constitutional amendment only to find that their officials don’t defend it and the courts dismiss it, what will happen next. This scenario has happened in California, Utah, and, now, Oregon. Ed Morrissey has the story about how a Federal judge overturns marriage definition in Oregon constitution.

“Remember when traditional marriage advocates put their trust in constitutional amendments to keep activist judges from unilaterally imposing a requirement to recognize same-sex marriage? In Oregon, that’s not ancient history; 60% of voters approved the constitutional amendment just ten years ago, when several states did the same thing in response to state courts changing the definition of marriage. The strategy didn’t last, as a federal judge overturned the clause in the state constitution — after the state refused to defend it”

In this case, the issue was settled by the voters. … the Attorney General is the people’s lawyer, their legal representative as well as their top law-enforcement officer. If the state’s elected lawyer doesn’t want to represent the people in court, then he or she should resign and let someone else take the job. The people deserved to be represented in court by their paid attorney, whether the AG liked the law or not.

If attorneys argue — correctly — that rapists and murderers deserve a defense, then why should that be denied to the people of Oregon and California?

Dereliction of duty, political activism on the bench, and shoving it down the throats of the people. The question is what will happen when the people decide that enough is enough?

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