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Beloit Daily News Editorial: Don’t blame AG Van Hollen
IT IS CUSTOMARY for the attorney general of Wisconsin to defend statutes passed by legislators when those laws are challenged in court.
But state Attorney General J.B. Van Hollen — like his federal counterpart, U.S. Attorney General Eric Holder — has both the independence and the expectation that he is to serve the law first and politics second.
For Holder, that meant earlier this week defying his own boss, President Barack Obama, by deciding to proceed with an investigation into possible illegal acts of torture committed by U.S. agents against prisoners in the war on terror.
For Van Hollen, it meant refusing to defend a law he believes violates the Wisconsin Constitution.
PREDICTABLY, VAN HOLLEN, a Republican, if being accused by Democrats of acting out of politics rather than principle.
The law in question was adopted during the state budget cycle, when Democrats controlling both houses of the Legislature and Gov. Jim Doyle collaborated to mandate domestic partnership registries in every county. The measure establishes some spouse-like benefits for same-sex couples.
The provision has been challenged as a violation of the 2006 constitutional amendment prohibiting same-sex marriages or arrangements “substantially similar” to marriage.
Van Hollen, in refusing to defend the registries, said he believes the measure is unconstitutional in light of the voters’ decision in 2006.
We think Van Hollen is right.
CLEARLY, THE majority party in state government objects to the amendment passed by voters. Just as clearly, the domestic partner registry action was taken by Doyle and legislators in an effort to skirt the supreme law of the state.
Thus, the attorney general’s duty seems obvious. He should defend the constitution, not the legislature.
This isn’t even a close call. The voters’ preference was specific and passed by a significant margin.
The unfortunate part of all this is that Governor Doyle, in light of Van Hollen’s stand, has seen fit to hire a Madison private attorney to represent the effort to uphold the registry law. The cost will be substantial, and the bill will go to taxpayers.
IN AN EARLIER commentary we reminded readers that the Beloit Daily News, in 2006, recommended a no vote on the constitutional amendment. We thought it went too far by adding the “substantially similar” clause which, in effect, prohibited Wisconsin from creating civil unions or domestic partner registries or any legal recognition at all.
Nevertheless, the people had their say. The amendment passed. The law is the law. It can be rescinded by voters, should they choose to do so at some later date. It cannot be ignored, as if it never happened.
In our view, majority Democrats have thumbed their noses at the voters. We cannot support that. Neither, apparently, can J.B. Van Hollen.
The attorney general — not the governor, not the legislators — has taken the principled stand.
“It’s unfortunate the attorney general has made that decision to cost taxpayers,” a Doyle spokesperson said.
No. It’s unfortunate the majority party refused to obey voters.
Click here to see the editorial on the Beloit Daily News website.
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Paid for by Van Hollen for Attorney General, Jack MacDonough, Treasurer
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