Pennsylvania was one of the many states that voted in a gay marriage ban with the influx of the Tea Party. However, following in the footsteps of California with Proposition 8, it’s now likely they won’t defend it against a suit filed by the ACLU.
Attorney General Kathleen Kane is expected to announce Thursday that her office won’t defend the state in a federal lawsuit that challenges Pennsylvania’s ban on gay marriage, the Daily News has learned.
Multiple sources confirmed that Kane, who is named along with Gov. Corbett as a defendant in the suit, plans to make the announcement at the National Constitution Center.
The American Civil Liberties Union filed the lawsuit, known as Whitewood v. Corbett, on Tuesday on behalf of 21 state residents. The plaintiffs are 10 couples and one widow who want to marry here, want the state to recognize their out-of-state marriages or want equal protections granted to straight married couples.
This means that if it’s going to be defended that another group will have to take up the task (or else the gay marriage ban will fall). However, there’s now precedent that such a group may not have standing (thanks SCOTUS). After all: how on earth could a bunch of straight people convince a judge that they will be harmed if gays are allowed to marry? Do they have a single argument that isn’t “My religion gives me the right to privileges and benefits that others shouldn’t receive in an equal society”?
Short answer: no.