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AG won’t defend Pennsylvania’s gay marriage ban
Washington Post ^ | 7/11/2013

Posted on 07/11/2013 4:16:17 PM PDT by markomalley

Pennsylvania attorney general Kathleen Kane said Thursday that she will not defend the state in a federal lawsuit filed this week challenging the state’s ban on same-sex marriage, calling the prohibition “wholly unconstitutional.”

Kane’s decision not to fight the lawsuit filed by the American Civil Liberties Union on behalf of 23 Pennsylvania residents places the burden of defending the 1996 law on Republican Gov. Tom Corbett, who supports it. It also reignited a public debate over whether state officials have the right to opt out of legal battles involving same-sex marriage.

In an interview, Kane — who endorsed the idea of gay marriage while running for her post last year — said she was obligated to drop the case “because I endorse equality and anti-discrimination laws.”

“If there is a law that I feel that does not conform with the Pennsylvania state constitution and the U.S. Constitution, then I ethically cannot do that as a lawyer,” she said.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Government; US: Pennsylvania
KEYWORDS: bhohomosexualagenda; derelictionofduty; homosexualagenda; moralabsolutes; pennsylvania
Created in Obama's image...
1 posted on 07/11/2013 4:16:17 PM PDT by markomalley
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To: markomalley

Why would she agree to be Attorney General to what she sees as such an evil, unconstitutional state?


2 posted on 07/11/2013 4:18:48 PM PDT by nickcarraway
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To: markomalley

The AG must be removed from office.


3 posted on 07/11/2013 4:18:54 PM PDT by YHAOS
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To: markomalley

It is probably better to let them opt out of laws they don’t want to defend because if they do defend them, can you imagine they will do a creditable job? You want somebody who believes in the law to defend it, not somebody who wants to get rid of the law.


4 posted on 07/11/2013 4:19:27 PM PDT by Gen.Blather
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To: Gen.Blather

Well hell, maybe I’ll just start opting out of obeying a few here and there...
She swore an oath to defend the state of PA. If she is not up to it, the Gov should replace her.


5 posted on 07/11/2013 4:22:11 PM PDT by Adder (No, Mr. Franklin, we could NOT keep it.)
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To: Adder

Gov can’t replace her, it’s an elected office, she was elected in 2012, and is not up for re-election until 2016.


6 posted on 07/11/2013 4:24:56 PM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: markomalley

She must have called Eric Holder first before deciding what to do.


7 posted on 07/11/2013 4:25:37 PM PDT by Keen-Minded
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To: markomalley
Wouldn’t her oath of office include a promise to defend and uphold the Constitution of the Commonwealth of Pennsylvania?
8 posted on 07/11/2013 4:26:27 PM PDT by Gay State Conservative (The Civil Servants Are No Longer Servants...Or Civil.)
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To: Gay State Conservative

Me thinks she needs a new job!


9 posted on 07/11/2013 4:27:32 PM PDT by Conserev1 ("Still Clinging to my Bible and my Weapon")
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To: trussell; Tribune7; martin_fierro

Ping.


10 posted on 07/11/2013 4:28:56 PM PDT by lightman (Prosecute the heresies; pity the heretics.)
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To: markomalley

Who does this Kane person think she is? Obama?


11 posted on 07/11/2013 4:29:09 PM PDT by Blood of Tyrants (Inside every liberal and WOD defender is a totalitarian screaming to get out.)
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To: Adder

“Well hell, maybe I’ll just start opting out of obeying a few here and there...
She swore an oath to defend the state of PA. If she is not up to it, the Gov should replace her.”

In Florida it’s an elected position and the governor has no ability to replace the AG. Only an election can do that. We currently have two Republicans and they seem to agree. But I have several times witnessed with Democratic governors and Republican AG’s that the Republican will not defend some socialist law. So, it plays both ways. It’s just politics.

And, yes, the powers that be can either decide to enforce a law or not. It happens at every level. Yes, it doesn’t seem right. But that’s the system we have.


12 posted on 07/11/2013 4:29:35 PM PDT by Gen.Blather
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To: nickcarraway

In Pennsylvania, AG’s are elected, and she ran and won on the Rat ticket. Corbett had no say in her selection. So it’s up to Pennsylvania’s voters to get rid of her next go round.


13 posted on 07/11/2013 4:40:29 PM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: markomalley
Excuse my non-PC approach here. Kane was elected by females in PA. PA has a Republican legislature (both houses) and governor. There are more Republican US congressmen than Democrats. The same females that elected Obama, elected Kane. The same females that help elected Republicans, elected Kane. These are also the same females that believe in killing unborn babies because it is politically correct. These are the same females that would rather be around emasculated faggots than real men, mostly because they didn't have a real man (father) in their life. These are low-information voters.

No offense to conservative, pro-life, anti-queer women on FR.

14 posted on 07/11/2013 4:55:26 PM PDT by ConservativeInPA (.Molon Labe - shall not be questioned)
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To: markomalley
"Then I ethically cannot do that as a (private citizen) lawyer"

What happened to your ethical oath as Attorney General to enforce the laws of Pennsylvania?

15 posted on 07/11/2013 5:09:44 PM PDT by BwanaNdege ("To learn who rules over you simply find out who you are not allowed to criticize"- Voltaire)
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To: Gay State Conservative

Yes, but it also includes a promise to defend and uphold the Constitution of the United States. She believes (wrongly, of course) that the law in question is inconsistent with the U.S. Constitution.

I tend to agree with the person above who said it’s probably for the best that she’s not defending the law. Let the legislature hire a lawyer to defend the law (like Congress did with DOMA). At least that way the law will get a full-throated defense, rather than the half-assed job the AG would do.


16 posted on 07/11/2013 5:34:21 PM PDT by Conscience of a Conservative
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To: markomalley

Fire her. Impeach her. Whatever. It is her job to defend the laws of Pennsylvania regardless of what she thinks of them.


17 posted on 07/11/2013 5:42:42 PM PDT by Born to Conserve
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To: Gay State Conservative
Yes, but under Clinton, when the ACLU would bring a case, the government would mount a token, wimpy defense, so as to lose on purpose.

The ACLU would then collect legal fees, etc.

Perfect money laundering scheme.

Oopsie, we lost, Here's your check.

Courtesy of the taxpayers.

18 posted on 07/11/2013 5:44:29 PM PDT by boop ("You don't look so bad, here's another")
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To: markomalley

‘Unconstitutional’ ...yeh right like the original drafts of the states constitutions were mindful of homo rights and same sex marriage. These leftards are keen in dragging us all into the dark ages but they can have their own hell to enjoy without us or the Light of Truth they so reject. So be it!


19 posted on 07/11/2013 5:45:01 PM PDT by tflabo (Truth or Tyranny)
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To: markomalley

So will Corbett defend it?


20 posted on 07/11/2013 6:13:29 PM PDT by Persevero ( What is your 'fair share' of what someone else has worked for?" -Thomas Sowell)
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To: Persevero
Same thing that happen in CA.

They need to pass a law, that if the AG of a state does not defend the laws passed in their state, they should be impeached.

21 posted on 07/11/2013 6:16:31 PM PDT by mware
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To: mware

“Same thing that happen in CA.”

I know, but I am wondering if the governor of PA will do his job since the AG won’t.


22 posted on 07/11/2013 7:47:31 PM PDT by Persevero ( What is your 'fair share' of what someone else has worked for?" -Thomas Sowell)
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