Pharos-Tribune

Columns

March 30, 2014

ZOELLER: Justice system needs both sides represented in court

Several same-sex couples recently filed lawsuits seeking to strike down Indiana’s traditional marriage definition law. As Indiana attorney general, I have been asked why my office is defending the statute in court when some AGs in other states are not defending their states’ traditional marriage laws from similar lawsuits. I explain that I took an oath to represent and defend Indiana’s state government and its existing statutes. I don’t make the laws – that’s the Legislature’s job – but I have a solemn obligation to defend those laws while there is a good-faith defense, and I cannot shirk my duty nor abdicate that responsibility to others.

This is not personal advocacy on my part or by the lawyers who work in my office. Whenever the State of Indiana is sued, you – the taxpayers and citizens of the state – are really being sued collectively, and you are entitled to counsel. The correct course of action is for the attorney general to provide a good-faith defense – within the resources already available – until and unless the U.S. Supreme Court decides to the contrary. The justice system cannot work if one side is not represented by counsel or if the attorneys presume that they are judge and jury in their own cases and fail to zealously advocate for their clients.

Some have asked if in providing this defense I am on “the wrong side of history.” They note my counterpart, the Kentucky attorney general, recently announced he no longer would defend his state’s traditional marriage definition. But even he defended his state’s marriage law at the federal district court stage, and his decision not to continue representing his state’s position on appeal does not mean the law will go undefended. Instead, the Kentucky governor had to hire outside counsel to defend the statute in court. Was the Kentucky attorney general on the “wrong side of history” when he represented his client, but suddenly on the “right side of history” when outside lawyers were called in at significant cost to Kentucky taxpayers to do so?

Text Only | Photo Reprints
Columns
  • Holly Sklar SKLAR: Small businesses want minimum wage increase If Congress actually listened to small business owners, the minimum wage would be going up. Instead, July 24 will mark five years without an increase since the federal minimum wage was set at $7.25 an hour in 2009.Small business livelihoods depend on

    July 23, 2014 1 Photo

  • KITCHELL: Reaction times change, but motorists don't Earlier this year, I came home one afternoon to find the worst accident on North Street I can ever recall.A bevy of police cars and four flatbed trucks were removing the pawns in an accident that damaged four vehicles. It was a bit unusual considerin

    July 23, 2014

  • MARCUS: Tax simplification is no simple matter The governor and his select invitees to his closed tax conference last month praised simplifying Indiana’s tax code. It is an idea better loved by Americans than baseball, apple, pie or motherhood.There is no question that our national and state tax

    July 22, 2014

  • VILLAGE IDIOT: The sheer dumbness of an enormous dome There is a TV series about an entire town trapped under a giant, mysterious crystal-clear dome that appears out of the blue one day. The dome is impenetrable; no one can get in, no one can get out. Who made the dome? Aliens? God? A super-secret branc

    July 22, 2014

  • HAYDEN: Road to funding Indiana highways jammed If you’ve driven on either of Indiana’s two busiest interstates recently, you’ll understand why a blue-ribbon commission last week called for adding traffic lanes to those harrowing highways.The report, issued by the Governor’s Blue Ribbon Panel on T

    July 21, 2014

  • LYONS: When academic committees play 'police' If one believes even a significant fraction of the horror stories in the national news media, beastly male behavior has become almost epidemic on American college campuses. Tales of drunken sexual assaults and worse multiply from sea to shining sea.E

    July 21, 2014

  • CEPEDA: Hispanic women flock to the movies My family attended the first morning screening of “Dawn of the Planet of the Apes,” which won last weekend’s box office with a $73 million debut.According to Lucas Shaw’s recent article “Hispanic Women Are This Summer’s Most Avid Moviegoers” on the e

    July 20, 2014

  • thelma CONRAD: A true Lincoln original The Cass County Historical Society has had in its possession for many decades several documents containing the signature of President Abraham Lincoln. The society never doubted the authenticity of the signature, given the fact that most of the first

    July 20, 2014 1 Photo

  • KNISELY: A day in the sun Every year I have my two nieces over for Misty and Me Birthday Slumber Party. The activities are always different, but the end result is always the same. It always ends with me being exhausted. Being single with no kids, my life is quiet. My life is

    July 20, 2014

  • HOWEY: A comeback saga for ‘LeBron Bayh’? This could be the saga of “LeBron Bayh.”Like a thunderhead brewing in the distance, you could see this one coming. This was the progression: former state Democratic Dan Parker announces he will not become a candidate for mayor of Indianapolis, reason

    July 20, 2014

Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Poll

The Pence administration continues to cut Indiana agency budgets despite a state surplus of $2 billion. Is this wise management of state funds?

Yes
No
Not sure
     View Results
Featured Ads
AP Video
Ariz. Inmate Dies 2 Hours After Execution Began Crash Kills Teen Pilot Seeking World Record LeBron James Sends Apology Treat to Neighbors Raw: Funeral for Man Who Died in NYPD Custody Migrants Back in Honduras After US Deports Israeli American Reservist Torn Over Return Raw: ISS Cargo Ship Launches in Kazakhstan Six Indicted in StubHub Hacking Scheme Former NTSB Official: FAA Ban 'prudent' EPA Gets Hip With Kardashian Tweet Bodies of MH17 Victims Arrive in the Netherlands Biden Decries Voting Restrictions in NAACP Talk Broncos Owner Steps Down Due to Alzheimer's US, UN Push Shuttle Diplomacy in Mideast Trump: DC Hotel Will Be Among World's Best Plane Crashes in Taiwan, Dozens Feared Dead Republicans Hold a Hearing on IRS Lost Emails Raw: Mourners Gather As MH17 Bodies Transported Robot Parking Valet Creates Stress-free Travel Raw: Fight Breaks Out in Ukraine Parliament
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.