Thursday, July 11, 2013

Suit against PA version of DOMA could pull the rug out of all state anti-gay-marriage ;aws

The ACLU, on behalf of 23 plaintiffs, has filed suit in federal court challenging Pennsylvania’s Defense of Marriage Act, which refuses to perform same-sex marriages or allow marriages from other states to be recognized.

The theory of the suit is predicted on the 14th Amendment, as incorporated to the states.

But in its ruling on federal  DOMA  in late June, the Supreme Court did not extend its ruling to require states that don’t allow same-sex marriage to recognize those from states that do.

The case is called Whitewood v. Corbett

The suit names PA governor Corbett and Attorney General Kathleen Kane as defendants.  Kane is in a quandary about defending the law, although it is her duty to defend the constitutionality of state laws. The Penn Live in Harrisburg has a story by Ivey De Jesus here.

 (By the way, it’s “intelligent design”, not “intellectual design”).  

Pennsylvania is notorious for a case with its filial responsibility law; retirement blog, May 22, 2012.

Update: July 13:  More recent media reports say that Kane will not defend the statute. 

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