Kane won't defend Pa. in gay-marriage...

Kane won't defend Pa. in gay-marriage suit, sources say

There are 11 comments on the Philly.com story from Jul 11, 2013, titled Kane won't defend Pa. in gay-marriage suit, sources say. In it, Philly.com reports that:

ATTORNEY General Kathleen Kane is expected to announce today 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.

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“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#1 Jul 11, 2013
Damn!

We need the state officials to defend these bans, otherwise we end up with just another Prop 8 situation where no one has standing.

We'd get Pennsylvania, but no more.

Looks like the anti-gays figured out how to delay he inevitable for a couple more years.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#2 Jul 11, 2013
The Gov's office hasn't confirmed whether they will step in to defend the law.

Wanna bet he's getting TONS of calls from the national anti-gay groups telling him to suck it up and let Pennsylvania "go gay marriage" to keep this from the SCOTUS.

“Building Better Worlds”

Since: May 13

Europa

#3 Jul 11, 2013
WOOT!

“Together for 24, legal for 5”

Since: Sep 07

Littleton, NH

#4 Jul 11, 2013
There's hardly any question that either the governor or the legislature will defend the law. The only question is who will be in office when the case finally reaches SCOTUS.

But Pennsylvania has been so badly gerrymandered that the legislature is likely to stay under Republican control for decades. I'm betting the next governor will be Democrat, though.

So it looks like the legislature will have to defend the law. And I have no doubt they will. But legislatures don't have a very good track record in court.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#5 Jul 11, 2013
nhjeff wrote:
There's hardly any question that either the governor or the legislature will defend the law. The only question is who will be in office when the case finally reaches SCOTUS.
But Pennsylvania has been so badly gerrymandered that the legislature is likely to stay under Republican control for decades. I'm betting the next governor will be Democrat, though.
So it looks like the legislature will have to defend the law. And I have no doubt they will. But legislatures don't have a very good track record in court.
According to Pennsylvania law, the duty to defend lies with the AG office, but she has the option of letting lawyers for the Gov/executive to step in.

It says nothing about the legislature defending the law.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#6 Jul 11, 2013
nhjeff wrote:
There's hardly any question that either the governor or the legislature will defend the law. The only question is who will be in office when the case finally reaches SCOTUS.
But Pennsylvania has been so badly gerrymandered that the legislature is likely to stay under Republican control for decades. I'm betting the next governor will be Democrat, though.
So it looks like the legislature will have to defend the law. And I have no doubt they will. But legislatures don't have a very good track record in court.
And don't bank on the Gov defending it. Even the anti-gay conservatives believe the next case to get to the SCOTUS will result in marriage equality nationwide (see Scalia's dissent).

Their only option is to prevent these cases from getting to the SCOTUS.

I'm betting the Gov is getting a LOT of pressure from other states and national groups to let Pennsylvania "go gay" in order to save the south & plains states.

“Building Better Worlds”

Since: May 13

Europa

#7 Jul 11, 2013
WeTheSheeple wrote:
<quoted text>
According to Pennsylvania law, the duty to defend lies with the AG office, but she has the option of letting lawyers for the Gov/executive to step in.
It says nothing about the legislature defending the law.
Has any state or federal court ever explicitly ruled that a legislature can defend a law in court ?

“Together for 24, legal for 5”

Since: Sep 07

Littleton, NH

#8 Jul 11, 2013
Europa Report wrote:
<quoted text>
Has any state or federal court ever explicitly ruled that a legislature can defend a law in court ?
The issue has occurred in several cases.in one, the Speaker was granted standing. But by the time the cast reached SCOTUS, he was no longer in the legislature. Therefore, he was just a private citizen and no linger had standing.

“Building Better Worlds”

Since: May 13

Europa

#9 Jul 11, 2013
nhjeff wrote:
<quoted text>
The issue has occurred in several cases.in one, the Speaker was granted standing. But by the time the cast reached SCOTUS, he was no longer in the legislature. Therefore, he was just a private citizen and no linger had standing.
It was a "yes or no" question and you didn't answer it.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#10 Jul 11, 2013
Europa Report wrote:
<quoted text>
Has any state or federal court ever explicitly ruled that a legislature can defend a law in court ?
I don't know.

We might find out.

“Together for 24, legal for 5”

Since: Sep 07

Littleton, NH

#11 Jul 11, 2013
Europa Report wrote:
<quoted text>
It was a "yes or no" question and you didn't answer it.
Yes, the issue has been litigated. And members of the legislature have been found to have standing.

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