Pennsylvania Attorney General Kane applauds same-sex marriage decision
Statement from Pennsylvania Attorney General Kathleen G. Kane regarding today's federal court ruling overturning Pennsylvania's ban on same-sex marriage:
"This is an historic day. More importantly, today brings justice to Pennsylvanians who have suffered from unequal protection under the law because of their sexual orientation. When state-sponsored inequality exists, citizens are deprived of the full protections that the Constitution guarantees. Our Commonwealth progressed today and so have the hopes and dreams of many who suffer from inequality.
"Today, in Pennsylvania, the Constitution prevailed. 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. I am pleased that a learned legal mind such as Judge Jones ruled similarly."
Attorney General Kane announced in July of 2013 that the Pennsylvania Office of Attorney General would not defend the governor and the Secretary of Health with regard to Pennsylvania's Defense of Marriage Act in Whitewood, et al v. Corbett, et al.
Attorney General Kane, after a legal analysis, determined the Defense of Marriage Act (DOMA) to be unconstitutional pursuant to both the U.S. Constitution and the Pennsylvania Constitution. As such, a lawyer may not ethically defend her client in a lawsuit where there exists a material difference. In this instance, the unconstitutionality of DOMA was at issue. Accordingly, the Commonwealth Attorneys Act authorizes the Attorney General to delegate the case to the Governor's Office of General Counsel.
You can read the full release regarding Attorney General Kane's decision in July 2013 here.