NOM (as proxy for the US Conference of Catholic Bishops) is having a collective hissy fit. These are the headlines on NOM’s blog:

National Organization for Marriage Calls for Impeachment of Virginia’s Attorney General for Malfeasance and Neglect of Duty, Abandoning His Oath of Office and Betraying the People of Virginia

Virginia’s Catholic Bishops Say Herring Should “Do the Job He Was Elected to Perform”

Former U.S. Attorney: Herring’s Announcement “Impeachment Material”

AG Herring’s egregious sin was to make a decision that NOM doesn’t like. He has decided not to defend Virginia’s marriage discrimination law and he has decided to file an amicus brief in support of deeming Virginia’s ban unconstitutional. Oh my! The Attorney General has an obligation to enforce the law — something that he will continue to do. However he has discretion with respect to defending the law.

The AG is not only permitted to weigh in on public policy, it is an obligation of the office to do so when he or she believes that there are violations of constitutional rights. The Republican controlled legislature can certainly step in and waste taxpayer money to defend the matter if they choose to do so. They are not bound by the same ethical constraints as the Attorney General.

Taking NOM’s stories in order, NOM does not get to call for anyone’s impeachment. In spite of Brian Brown’s hyperbole, AG Herring has not committed an impeachable offense. There has been no “malfeasance.” Brown seems to think that they Church has sway over such matters.

Similarly, Virginia’s Catholic Bishops should do their jobs and stay out of politics. Somehow when these ambitious priests become bishops that also  become wed to the notion that they have civil authority. This is not 16th century Europe. Perhaps they haven’t noticed.

Finally, that former US Attorney would be Joseph DiGenova. For decades now, DiGenova has specialized in making television appearances, usually on Fox and usually in opposition to anything Democratic. DiGenova has not been a US Attorney for over 30 years. According to DiGenova, AG Herring lied. Exactly what he lied about remains unknown.

I am not sure what NOM thinks they are going to achieve. Herring is not going to be impeached. Not doing NOM’s bidding is not an impeachable offense. By the end of today, I expect to receive another email from NOM asking for money to tilt at windmills. NOM is coming ever closer to its “sell-by” date. Meanwhile their little hissy fit is just that.

Last September I wrote that this case was the case to watch. After all, the team of Olson and Boies are representing the gay couples involved. This might be the case that leads to a landmark Supreme Court decision.

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By David Cary Hart

Retired CEO. Formerly a W.E. Deming-trained quality-management consultant. Now just a cranky Jewish queer. Gay cis. He/Him/His.