Marriage Equality in Pennsylania: Federal Judge Strikes Down Ban on Gay Marriage
Pennsylvania's gay marriage ban is unconstitutional, according to Federal Judge John Jones.
"Pennsylvania's marriage laws violate both the due process and equal protection clauses of the 14th amendment to the United States constitution," Jones said.
He ruled in favor of more than 20 couples who challenged the law.
"The issue we resolved today is a divisive one," he said. "Some of our citizens are made deeply uncomfortable by the notion of same-sex marriage. However, that same-sex marriage causes discomfort in some does not make its prohibition constitutional."
Kathleen Kane, Pennsylvania's Democratic attorney general, said she would not defend the law because she considered it unconstitutional, so Tom Corbett defended it. Kane released a statement today.
"Today, in Pennsylvania, the Constitution prevailed," she wrote. "Inequality in any form is unacceptable and it has never stood the test of time. I have remained steadfast in my decision not to defend Pennsylvania's Defense of Marriage Act because I made a legal determination as to the unconstitutionality of this law."
The Pennsylvania version of the law passed in 1996, and Jones' ruling came a day after a federal judge also said the ban was unconstitutional in Oregon. Federal judges have ruled for same-sex marriage advocates in Oregon, Idaho, Illinois, Texas, Utah, Kentucky, Virginia, Oklahoma, Michigan, Ohio, Idaho and Tennessee.
"We are better people than what these laws represents, and it is time to discard them onto the ash heap of history," Jones wrote in the 39-page opinion. "By virtue of this ruling, same-sex couples who seek to marry in Pennsylvania may do so, and already married same-sex couples will be recognized as such in the Commonwealth."
It's not clear yet if Gov. Corbett wants to appeal the decision, but he would have 30 days to do so.