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 ...
Why would she agree to be Attorney General to what she sees as such an evil, unconstitutional state?
The AG must be removed from office.
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.
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.
Gov can’t replace her, it’s an elected office, she was elected in 2012, and is not up for re-election until 2016.
She must have called Eric Holder first before deciding what to do.
Me thinks she needs a new job!
Ping.
Who does this Kane person think she is? Obama?
“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.
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.
No offense to conservative, pro-life, anti-queer women on FR.
What happened to your ethical oath as Attorney General to enforce the laws of Pennsylvania?
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.
Fire her. Impeach her. Whatever. It is her job to defend the laws of Pennsylvania regardless of what she thinks of them.
The ACLU would then collect legal fees, etc.
Perfect money laundering scheme.
Oopsie, we lost, Here's your check.
Courtesy of the taxpayers.
‘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!
So will Corbett defend it?
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