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Roy Cooper ripped for refusal to pursue lawsuits against Marriage Amendment
By JANE BILELLO
Special to the Daily Planet
Asheville Tea Party Inc., does not get involved in social issues, per se. However, we do staunchly defend adherence to constitutional authority.
We are a nation of laws and we demand that our representatives uphold the law. Therefore, we have concluded that (North Carolina) Attorney General Roy Cooper is in violation of his duties and the oath he took to uphold the laws of North Carolina by not defending the law – specifically, the Marriage Amendment overwhelming passed in May 2012.
Cooper said he “will not oppose” the cases challenging the constitutionality of Amendment One, and that the state will “acknowledge the Fourth Circuit Court opinion.”
“The Attorney General is elected by the people of North Carolina every four years as the state’s top law enforcement officer and top lawyer. Powers and duties of the Attorney General are set forth in the Constitution and Statutes of North Carolina.” (http://www.ncdoj.gov/about-doj/the-attorney-general.aspx.)
The duties and responsibilities of the Attorney General’s office are dictated by the state constitution and state statutes.
Roy Cooper doesn’t get to pick which laws to uphold and which not. The attorney general takes an oath to carry out the duties of his office by upholding the law – all laws – regardless of whether he personally supports or agrees with them or not. What law will he choose to disregard next?
To make matters worse, Cooper appears to be hypocritical. In the Asheville Citizen-Times article on July 29, 2014, “Cooper: NC Same Sex Marriage Ban Will Be Overturned,” Cooper said the state “will not oppose” the cases challenging the constitutionality of Amendment One, and that the state will “acknowledge the Fourth Circuit Court opinion.”
In the same article, “Cooper has said he personally supports marriage equality but his personal views would not prevent him from vigorously defending North Carolina’s constitutional amendment against such marriages in state lawsuits.” Humm?
Unless this was a misprint, he not only can’t have it both ways, but he is in violation of his oath of office!
Is it time to replace our activist attorney general or perhaps the North Carolina legislature needs to get involved for his “willful neglect of duty.” (North Carolina Constitution Chapter 123, Article I § 123-5.)
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Jane Bilello is chair of the Asheville Tea Party.
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