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AG Refuses to Defend PA in Federal Gay Marriage Lawsuit
HARRISBURG (WENY) -- It will be up to Pennsylvania Governor Tom Corbett to defend the state's law banning same-sex marriage in federal court.
That's because state Attorney General Kathleen Kane announced today she won't do it. Kane supports same-sex marriage; Governor Corbett doesn't.
Both were named in a federal lawsuit this week looking to overturn the law that make gay marriage illegal in Pennsylvania. State law says it's the attorney general's duty to defend the constitutionality of state laws. Kane says in this case, that's not in the state's best interest.
"I cannot ethically defend the constitutionality of Pennsylvania's version of DOMA, where I believe it to be wholly unconstitutional," Kane said today at a press conference.
Governor Corbett's administration issued a statement, saying "We are surprised that the attorney general, contrary to her constitutional duty under the Commonwealth Attorneys Act, has decided not to defend a Pennsylvania statute lawfully enacted by the General Assembly, merely because of her personal beliefs. We have not received any formal notification of Attorney General Kane's decision. While we await that notification and accompanying legal justification, we will continue to review the lawsuit filed by the ACLU."