Posted on 03/03/2004 4:41:49 PM PST by mylife
Montco official opposes gay marriage
The D.A. says he will arrest anyone who attempts a same-sex wedding in his county.
By Jeff Shields Inquirer Staff Writer
Montgomery County District Attorney Bruce L. Castor Jr. took on gay marriage yesterday in his campaign to become Pennsylvania attorney general by threatening to arrest anyone associated with a same-sex wedding in his county.
Same-sex marriage is not permitted in Pennsylvania, and no gay couples have sought a marriage license at the county courthouse in Norristown. Nevertheless, Castor released a letter yesterday to Register of Wills Frances Pierce, who issues marriage licenses.
"Should you, as clerk of the Orphan's Court, permit to be issued a marriage license to a gay or lesbian couple, you and your office would potentially face criminal liability," Castor wrote to Pierce.
Castor added that couples "holding themselves out to be married... are possibly committing frauds actionable by criminal prosecution."
Pierce asked Paul Bartle, solicitor to her office, for an opinion on the matter last week. Bartle responded by citing the state's Defense of Marriage Act, which defines marriage as a union of a man and a woman and invalidates same-sex marriages performed out of state. Bartle forwarded a copy to Castor.
Anyone issuing or seeking a same-sex marriage certificate could be charged with obstructing administration of law or other governmental function, a misdemeanor, Castor said.
"There should be no Rosie O'Donnell weddings in Pennsylvania, and there won't be if I'm the attorney general," he said. Comedian O'Donnell married her female partner last week in San Francisco, where more than 3,000 same-sex couples have been married since Mayor Gavin Newsom authorized the issuance of marriage licenses to gays on Feb. 12.
Gay-rights advocates, civil-rights advocates, and Castor's Republican primary opponent questioned the timing and relevance of Castor's remarks.
Brian Nutt, a spokesman for Tom Corbett, Castor's opponent in the primary, said, "It's obvious to us and anybody's who's watching that he's using this as political grandstanding."
Stacy Sobel, executive director of the Center for Lesbian and Gay Civil Rights in Philadelphia, said Castor's position doesn't mean much in a state where such marriages can't happen, and in a county where no one has tried to defy the law.
"For Bruce Castor to select this issue at this time, I believe, is inappropriate," Sobel said. "I would rather see him enforcing our laws and making sure our community is safe from criminals, rather than putting out press statements on issues that are highly unlikely to occur."
Larry Frankel, the American Civil Liberties Union director of legal affairs in Pennsylvania, said he was disturbed that Castor was carrying the issue into the criminal arena.
"The real question is why he needs to throw out a threat of criminal prosecution," Frankel said. "Let's have a civil debate about whether we should have gay marriages, rather than involving the heavy hand of the criminal justice system."
Good. I say no recognition, no domestic partner benefits, no milk, no cookies. I'm not inclined to give them anything.
It's a nice place to live! Diversified economy, suburban Philadelphia. I don't know what the unemployment rate is in our county, but they're building houses non-stop, so everyone can't be out of work. Housing costs aren't low, but generally suburban Philadelphia hasn't been off the charts like parts of California, suburban NYC or DC. Several excellent school districts in the county as well.
Bruce Castor is a good guy. There is some funny business in this re-election campaign. Seems to me the local Republican committee is backing Corbett, rather than the incumbent Castor, which is odd. Castor is well regarded, as far as I know.
L
Yeah, right. That was the situation in California, prior to February 12.
"For Bruce Castor to select this issue at this time, I believe, is inappropriate," Sobel said. "I would rather see him enforcing our laws and making sure our community is safe from criminals, rather than putting out press statements on issues that are highly unlikely to occur."
And what would you consider a an appropriate time, Ms. Sobel -- never?
DA Castor IS enforcing the laws, and making the community safe from criminals; that's exactly what you find "inappropriate."
Larry Frankel, the American Civil Liberties Union director of legal affairs in Pennsylvania, said he was disturbed that Castor was carrying the issue into the criminal arena.
"The real question is why he needs to throw out a threat of criminal prosecution," Frankel said. "Let's have a civil debate about whether we should have gay marriages, rather than involving the heavy hand of the criminal justice system."
Oh, now we're supposed to have a civil debate. Sure, we'll have a civil debate, and meanwhile, gays will line up in ever more cities to "marry," including in PA, until so many crimes have been committed, that you'll announce, "Gay marriage is a reality -- get used to it!"
As they taught you in law school, Mr. ACLU, never ask a question whose answer you don't know. The DA threatened criminal prosecution, in order to deter potential criminals. Deterrence theory may not work well regarding murder, but it works splendidly for certain crimes and populations. (Actually, it works just fine, when potential killers know that punishment will be swift and final.)
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