11 July 2013

PA Attorney General will not defend state DOMA

Yesterday I wrote about a new lawsuit brought by the ACLU challenging a Pennsylvania state law that excludes same-sex couples from marriage.

And today there is already some good news regarding the case:

Pennsylvania Attorney General Kathleen Kane has announced that she will not defend the discriminatory law. (Not unlike how President Obama and AG Holder chose not to defend the federal DOMA.) Kudos to Kane for standing up for fairness and equality!

But the lawsuit doesn't end here. According to Philadelphia's NBC affiliate, "Pennsylvania law says it is the attorney general's duty to defend the constitutionality of state laws. But it 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."

Governor Tom Corbett is a conservative Republican, so I expect him to pick up the ball that Kane bravely dropped and run with it himself.

Stay tuned.

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