Corbett seeks dismissal of same-sex suit
HARRISBURG — Pennsylvania Gov. Tom Corbett asked a judge in Harrisburg to dismiss a lawsuit that seeks to overturn the state's ban on same-sex marriage.
Lawyers for Corbett argued on Monday in a court filing that the complaint filed by the American Civil Liberties Union failed to state a claim upon which relief may be granted. The request was filed in federal court in Harrisburg. A brief in support of the motion will be filed by Oct. 7, according to a court schedule.
Pennsylvania is under pressure to change a state law that defines marriage as a union between a man and a woman. At least four lawsuits have been filed by same-sex couples in the state after the Supreme Court in June struck down the Defense of Marriage Act, or DOMA, which denied federal benefits to married gay couples. Thirteen states and the District of Columbia allow same-sex marriage.
The ACLU sued Corbett, a Republican, in federal court in July on behalf of 23 plaintiffs, including 10 couples and a widow, over the state's same-sex marriage ban. The state's Marriage Law was amended in 1996 to prohibit marriage for same-sex couples and bar recognition by the state of gay marriages established in other states.
Pennsylvania Attorney General Kathleen Kane, a Democrat, has said she won't defend the ACLU's challenge to the state's ban, which she called “wholly unconstitutional.”
A court official in Montgomery County issued more than 160 marriage licenses to same-sex couples after the DOMA ruling. A state appeals court on Sept. 12 ordered D. Bruce Hanes, the register of wills, to stop the practice.
Show commenting policy
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.
- Crawford County man gets prison — and lecture — for tattooing 12-year-old
- DEP awaiting tests for ‘cat urine’ smell in New Castle
- Ohio woman shot to death nearly 3 days before police find body in Neshannock home
- Pennsylvania legislative leader Costa blasts suggestion of session before Wolf sworn in as governor
- Feds accused of bullying state over police test