Pennsylvania Attorney General Refuses To Defend Same-Sex Marriage Ban
We love seeing politicians take a stand for equality!
Pennsylvania's Attorney General Kathleen Kane has officially gone on record with her refusal to defend the state's same-sex marriage ban in the court case brought by the ACLU. The ACLU suit asks a federal judge to prevent state officials from stopping gay couples from getting married and to force the state to recognize the marriages of same-sex couples who wed in other jurisdictions.
According to the Associated Press:
Pennsylvania's elected attorney general said Thursday that she will not defend the state law effectively banning same-sex marriage from a legal challenge in federal court, meaning the task will be left up to Gov. Tom Corbett.
"I cannot ethically defend the constitutionality of Pennsylvania's (law banning same-sex marriage), where I believe it to be wholly unconstitutional," Kathleen Kane announced to reporters at the National Constitution Center in Philadelphia on Thursday.
Under Pennsylvania law, it is the attorney general's duty to defend the constitutionality of state laws. But the law also says the attorney general may allow lawyers for the governor's office or executive-branch agencies to defend a lawsuit if it is more efficient or in the state's best interests.
Kane, a Democrat who supports same-sex marriage, said she will leave the job to Corbett, a Republican who opposes same-sex marriage. Both were named in a lawsuit filed in federal court Tuesday seeking to overturn the law and legalize same-sex marriage in Pennsylvania.
Corbett's office has declined to comment on the lawsuit.
What do you think, Instincters? Will Pennsylvania's Republican governor defend the same-sex marriage ban? (This seems like a replay of the Obama administration refusing to defend DOMA and then the GOP controlled House wasted millions of dollars defending the law that was ultimately deemed unconstitutional.)
Good job, Attorney General Kane!