As same-sex couples in Pennsylvania prepare to sue the state for its ban on marriage equality, Attorney General Kathleen Kane announced that she will not defend the state’s discriminatory law.
"I cannot ethically defend the constitutionality of Pennsylvania’s version of [the Defense of Marriage Act] as I believe it to be wholly unconstitutional," she said.
Some background about the upcoming case:
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. The suit was filed in Harrisburg and is believed to be the first federal case on the gay marriage issue since the U.S. Supreme Court struck down the Defense of Marriage Act last month.
This doesn’t necessarily mean it will be an easy fight for marriage in Pennsylvania — even if representatives of the state won’t defend a law, others (read: conservative legal groups) can and will step in. Still, this is absolutely a good sign. Go Pennsylvania!