PHILADELPHIA (AP) – Pennsylvania’s elected attorney general said Thursday that she will not defend the state law effectively banning same-sex marriage from a legal challenge in federal court, meaning the task will be left up to Gov. Tom Corbett.
“I cannot ethically defend the constitutionality of Pennsylvania’s (law banning same-sex marriage), where I believe it to be wholly unconstitutional,” Kathleen Kane announced to reporters at the National Constitution Center in Philadelphia on Thursday.
Under Pennsylvania law, it is the attorney general’s duty to defend the constitutionality of state laws. But the law also says the attorney general may allow lawyers for the governor’s office or executive-branch agencies to defend a lawsuit if it is more efficient or in the state’s best interests.
Kane, a Democrat who supports same-sex marriage, said she will leave the job to Corbett, a Republican who opposes same-sex marriage. Both were named in a lawsuit filed in federal court Tuesday seeking to overturn the law and legalize same-sex marriage in Pennsylvania.
The president of the Delta Foundation of Pittsburgh, a non-profit organization that was created for the purposes of uniting and fostering good fellowship and social interaction among the Lesbian, Gay, Bisexual and Transgender (LGBT) community in Western Pennsylvania, joined Ellen Gamble on NewsRadio 1020 KDKA Thursday.
Listen to the interview here: