Politics & Government

Dems to Cuccinelli: Gay Marriage Will Not Lead to Polygamist Doomsday Scenario

Ebbin: Argument attempts to stir fear rather than explain GOP candidate's agenda.

Republican gubernatorial hopeful Ken Cuccinelli has actively worked to keep gay and lesbian Virginians as "second-class citizens" and would continue to do so if he's elected in November, a pair of top Democratic leaders said Tuesday.

Calling it "distracting and mean-spirited," state Democratic Party Chairwoman Charniele Herring and state Sen. Adam Ebbin held a conference call with reporters to criticize a court brief Cuccinelli filed that argues legalizing same-sex marriage could lead to polygamy.

The call was in response to an ABC News story on the January brief Cuccinelli co-authored on the constitutionality of same-sex marriage regarding California's Proposition 8, one of two major cases on the matter the U.S. Supreme Court is expected to decide this week.

"Recognizing same-sex marriage is no more likely to lead to polygamy than it is to cause the sky to fall," said Herring, a state delegate whose district includes Alexandria's West End.

"Most Virginians recognize that justice, equality and progress are central to who we are as a commonwealth."

The brief, which Cuccinelli wrote with Indiana Attorney General Greg Zoeller and the counsel of attorneys general from 17 other states, says that marriage "is a means to encourage and preserve ... the relationship between a man and a woman in their natural capacity to have children."

Further, it states, "…Responsible parenting is not a justification for same-sex-couple marriage, as distinguished from recognition of any other human relationships. It is instead a rationale for eliminating marriage as government recognition of a limited set of relationships. Once the natural limits that inhere in the relationship between a man and a woman can no longer sustain the definition of marriage, the conclusion that follows is that any grouping of adults would have an equal claim to marriage…"

Allowing gay marriage would then put "sisters, brothers, platonic friends, groups of three or more … on equal footing" for parenting and, therefore, marriage, it states.

The brief then cites a 2011 New York Times Op-Ed that argues polygamy should be decriminalized.

When asked, Ebbin, who is openly gay, said he "absolutely" did not think polygamy should be decriminalized.

He called that "the favorite argument of those who would rather scare and divide people rather than explain their moral agenda." The senator then challenged Cuccinelli to produce any evidence to support his claims and said the attorney general's argument could give pause to companies that value equality when considering whether to put their business in Virginia.

"Legalizing gay marriage will not bring about some polygamist doomsday scenario," said Ebbin, whose district stretches from Pentagon City to Mount Vernon. "… Ken Cuccinelli continues to deny the realities of the 21st century."

Conservatives typically advocate for less government intrusion into people's lives, yet Cuccinelli in the court brief indicates that the government should dictate who can marry who.

This contrasts with a Libertarian perspective, which disdains getting government permission for marriage at all: "Anyone who wishes to get married (or divorced) must first seek approval from the government. Think about that for a moment; it’s appalling," Joseph S. Diedrich wrote in the Washington Times in March.

Ebbin said that marriage wouldn't be possible without the government laying out some sort of parameters, but on this front criticized Cuccinelli for being inconsistent.

"He wants government intrusion into people's lives when it suits his tastes," Ebbin said. "He wants intrusion into people's personal decisions, personal relationships and people's families."

In a recent forum, Democratic gubernatorial hopeful Terry McAuliffe said he wouldn't expect any change on Virginia's own gay marriage ban during his four years in office if elected.

In a follow-up call with Patch, Ebbin said that was likely due to the years-long procedure involved in getting a repeal of the constitutional amendment on the ballot in this state and that the governor would want to focus his time on jobs and the economy.

"McAuliffe has made it clear that when he takes office he would issue an executive order prohibiting discrimination against state employees. So it's clear that he's willing to do what he can to thwart discrimination," Ebbin told Patch. "But he's a realist … when it comes to civil unions and marriage equality in the next four years."

Cuccinelli campaign spokeswoman Anna Nix declined to take questions but issued the same statement to Patch she had earlier sent to ABC News:

"Virginians voted overwhelmingly to change their constitution to define marriage as only between one man and one woman. The Supreme Court's decision in the California case could have implications for all states with such marriage amendments.  As it's the attorney general's duty to vigorously protect Virginia's laws when they are challenged, he filed a brief with several other states in this case and used every available legal argument to defend the law and the will of the people of the commonwealth."


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