Arecent statement by U.S. Attorney General Eric Holder has special weight in North Carolina. The Attorney General implored his counterparts in each state to use their own judgement in determining the constitutionality of state laws, especially in state-wide referendums on same-sex marriage.
Holder said that state attorneys general are not obligated to uphold laws they deem unconstitutional. This has caused many to consider the future of Amendment One.
In North Carolina, the passage of Amendment One left many feeling like hate and bigotry were more important to the majority than rights given by the constitution. In this instance, Holder’s suggestion for state attorneys general to act with more autonomy gives credence to the notion that some laws should be looked over with fresh eyes.
In six states the state attorneys general are not upholding bans on same-sex marriage. Each decision is up to the person who holds the office, and rightfully so. But the precedent created by these six attorneys general, compounded with Holder’s remarks, creates an impact that has the potential to be felt even here in North Carolina.
Obviously, state Attorney General Roy Cooper is not beholden to suddenly publicly interpret Amendment One as unconstitutional and refuse to continue upholding that law.
We have too much respect for the office of state attorney general to demand an instantaneous decision to call Amendment One unconstitutional, no matter how many people would desire that outcome.
Rather, we hope that Cooper uses patient deliberation, thoughtful reconsideration and plain old good sense to guide his influence as he navigates the position Holder is encouraging.
