Pa. Attorney General Won't Defend Gay Marriage Ban
July 12, 2013
PHILADELPHIA (AP)- Attorney General Kathleen Kane said she will not defend the
state law banning gay marriage yesterday. Defending Pennsylvania's law
effectively banning same-sex marriage against a legal challenge in federal
court will fall to Gov. Tom Corbett.
Kane is a supporter
of same-sex marriage; Corbett is an opponent. Both were named in a lawsuit
filed in federal court Tuesday seeking to overturn the law and legalize
same-sex marriage in Pennsylvania. The suit was filed by two dozen PA residents
who want Pennsylvania to allow them to marry or recognize their same sex
marriage performed in other states.
Pennsylvania law says it's the attorney general's duty to
defend the constitutionality of state laws. But Kane argues that the law also
allows her to authorize the governor's lawyers to defend a lawsuit if it's in
the state's best interests. She also said professional conduct rules make it an
ethical obligation to withdraw
from a case in which a lawyer has a fundamental disagreement with the client.