An illegitimate veto

Attorneys general, both state and federal, are entrusted with the power and responsibility to enforce and defend laws created by the political process, which can be highly contentious. They are to do so without political influence.

I have been attorney general of Colorado for nine years, during which time the state has enacted laws that span the philosophical and political spectrum. I personally oppose a number of Colorado’s laws as a matter of public policy, and a few are contrary to my religious beliefs. But as my state’s attorney general, I have defended them all — and will continue to.

Recently, however, attorneys general in Virginia, Pennsylvania and California have given in to the temptation to abuse the power entrusted to our position by refusing to defend their states’ bans on same-sex marriage in court. Depending on one’s view of the laws in question, such a “litigation veto” may, in the short term, be a terrific thing; an unpopular law is defanged and the attorney general can take credit — indeed, he can be the hero to his political base and keep his political ambitions intact.

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