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Pennsylvania

Pa. governor, AG seek to be dismissed from another same-sex marriage case

Monday, December 9, 2013

PHILADELPHIA — Attorney General Kathleen Kane is seeking to be dismissed from a federal lawsuit pending in Philadelphia that challenges Pennsylvania’s same-sex marriage ban.

Pa. Attorney General Kathleen Kane (left) and Gov. Tom Corbett

Pa. Attorney General Kathleen Kane (left) and Gov. Tom Corbett

The case involves a lesbian couple seeking to force the state to recognize their Massachusetts marriage license. Kane filed a motion Monday arguing that the plaintiffs in the case failed to show her office was involved in any violation of their rights.

Kane contends that the state departments of Health and Revenue are more involved in the issues raised by plaintiffs Cara Palladino and Isabelle Barker.

Lawyers for Gov. Tom Corbett – Kane’s co-defendant in the case – previously filed a motion seeking dismissal of all claims against him, reasserting that federal courts lack jurisdiction over state marriage laws based on a 1972 U.S. Supreme Court ruling.

A federal judge in Harrisburg rejected that premise last month in refusing to dismiss another gay-marriage challenge, saying the precedent has been eroded over four decades by the court’s rulings on constitutional challenges based on sex or sexual identity.

That case, the first of at least six federal and state challenges of the law, is scheduled to go to trial June 9.

Pennsylvania is the only northeastern state that bars same-sex marriage. Sixteen other states and the District of Columbia allow it.

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17 more reader comments:

  1. IF YOU CANT DO YOUR JOB THEN QUIT!

    Posted on Tuesday, December 10, 2013 at 12:45am
  2. Sad…

    Posted on Tuesday, December 10, 2013 at 12:46am
  3. Impeach the person.

    Posted on Tuesday, December 10, 2013 at 12:47am
  4. This is one of several cases that could end up before the US Supreme Court to invalidate the remaining portion of DOMA that is still in effect.

    Posted on Tuesday, December 10, 2013 at 12:48am
  5. Don’t know why he is fighting the inevitable. When your own AG refuses to fight these cases it should tell you that you need to change.

    Posted on Tuesday, December 10, 2013 at 12:49am
  6. I think he needs to be removed from his job. He clearly doesn’t want to do it. Drop kick his pathetic a$$ out the door.

    Posted on Tuesday, December 10, 2013 at 12:53am
  7. Oh hell no!

    Posted on Tuesday, December 10, 2013 at 12:56am
  8. Dismiss them from their jobs

    Posted on Tuesday, December 10, 2013 at 12:59am
  9. The article forgot to mention that the AG refused to defend the state against the previous case because she is for the equality movement. This would also be why she is being asked to be dismissed from this case as well. Again, the article did a poor job in pointing this out, but do some of your own research before commenting.

    Replied on Tuesday, December 10, 2013 at 1:38am
  10. Where is the AG’s sense of what is right? Corrupted by Pa republicans? She knows what she is doing to the equality movement!

    Posted on Tuesday, December 10, 2013 at 1:02am
  11. The article forgot to mention that the AG refused to defend the state against the previous case because she is for the equality movement. This would also be why she is being asked to be dismissed from this case as well. Again, the article did a poor job in pointing this out, but do some of your own research before commenting.

    Replied on Tuesday, December 10, 2013 at 1:38am
  12. PA needs to wakeup and smell the BS this clown is peddling.

    Posted on Tuesday, December 10, 2013 at 1:12am
  13. Really wish this article would have made it clear that AG Kane refused to defend the state’s law because she finds it unconstitutional and reprehensible. That is why she is asking to be removed this time around. Poorly reported by the article, but before people gloss over and join the bandwagon, you should understand why she is seeking to be dismissed.

    Sadly, the same thing cannot be said for the Governor.

    Posted on Tuesday, December 10, 2013 at 1:40am
  14. What?

    Posted on Tuesday, December 10, 2013 at 1:50am
  15. What an idiot just resign if your incapable of doing the job your paid to do

    Posted on Tuesday, December 10, 2013 at 10:18am
  16. I left PA due to crap from idiots 23+ years ago, Nothing has changed in PA. Kick out the people with your votes. Or impeach the AG, not doing ones job is grounds for firing.

    Posted on Tuesday, December 10, 2013 at 1:39pm
  17. Protecting your own carreers not standing up for your citizens that the bottom line here

    Posted on Tuesday, December 10, 2013 at 3:11pm