It would seem to be a no-brainer. When a state law – such as Idaho’s Marriage Amendment – is challenged in court the state’s top lawyer, the Attorney General, should be the one to defend it. But not according to gay-marriage activist lawyers there.
No, they would rather ram their case and agenda through the courts – due process be damned.
According to the Idaho Statesman,
Deborah Ferguson, the [same-sex] couples' Boise-based lawyer, contends allowing Idaho Attorney General Lawrence Wasden to intervene on behalf of the state isn't necessary, since [Governor] Otter is already an adequate representative of the state's interests. She argues such a move would unnecessarily add to their workload and complicate the case.
But Attorney General Wasden knows his job and intends to carry out his sworn duty to defend the laws of the state.
"I have an obligation to defend the Constitution and the statutes of Idaho, and that's what we intend to do," he said Thursday. "The position of the governor and the attorney general will be very similar. I don't see how it's going to complicate the process."