Judge Strikes Down Pennsylvania Same-Sex Marriage Ban

NBCNews ^ | 05/20/2014 | Pete Williams

[GIdget2004]

A federal judge Tuesday declared Pennsylvania's ban on same-sex marriage unconstitutional, the fourth such ruling on a state ban in the past three weeks.

Judge John Jones III ruled in favor of 23 Pennsylvania residents who challenged the law.\

"The issue we resolve today is a divisive one. 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," he said.

The state's Democratic attorney general, Kathleen Kane, announced last July that she would not defend it, saying she could not ethically defend a law she considered "wholly unconstitutional." Defense of the law was carried on by the administration of the state's Republican governor, Tom Corbett.

Similar decisions in state and federal courts this month struck down bans in Arkansas, Idaho, and Oregon. Appeals courts stayed the effect of the rulings in Arkansas and Idaho. The Oregon decision is unlikely to be appealed, because the state did not defend the law.

[Buckeye McFrog]

Gotta hand it to Teddy Kennedy. When he went after Bork and then Douglas Ginseberg, he knew EXACTLY what he was doing.

[ohiobuckeye1997]

Modern America = Sodom and Gomorrah.

Think we will fare any better?

[Oliviaforever]

“Next year, one of the cases currently winding its way through the legal process will end up in front of SCOTUS, and that’s that. Game over.”

Maybe the best we can hope for is for the SCOTUS to not accept any of these cases and let the lower court order stand. That way, at least there will be some of the more conservative Republican states that will still protect marriage.

[greene66]

The rule of law in America is dead.

And so goes the country.

[SoFloFreeper]

[longtermmemmory]

The real way is to scientifically establish this is a sex fetish and thus abnormal. This will eliminate the born that way myth.

ALL these judges are drinking the born that way kookade.

When the 11th upheld the ban on homosexuals adopting children, they did state there is no scientific evidence establishing homosexuality as a born that way gene.

Arguing religion concedes the ENTIRE debate and all rationality to the homosexuals.

[AnAmericanAbroad]

Yeah, it’s a possibility - kicking the can down the road, as it were - but I think one of these cases will make it in front of the next SCOTUS session. There’s so many of them that it’s almost inevitable.

Looking further ahead, I actually don’t doubt for one minute that the Millenials are overwhelmingly in favor of same-sex marriage - and when they end up running the show 20 years hence, all the laws, state constitutional amendments forbidding it, etc., will be overturned under the aegis.

[Truth29]

"The real way is to scientifically establish this is a sex fetish and thus abnormal. This will eliminate the born that way myth."

Not a chance. Like with global warming, science is political. The Left is not going to let go of their victories short of fire and brimstone falling from the heavens.

[lightman]

Ping.

May as well strike off “Virtue” from the Commonwealth flag.

Kyrie Eleison.

[Fledermaus]

There is about one of these a day. There are some marching orders somewhere. Another scandal?

These judges should be impeached.

[fidelis]

[Fledermaus]

If she can’t do her job she needs to be removed or step down.

[Fledermaus]

How can just “teaching” about intelligent design be unconstitutional? Did he believe it wasn’t science? Neither is “global warming/climate change/left wing liberal lie” and they “teach” that in school.

[fatnotlazy]

“However, that same sex marriage causes discomfort in some does not make its prohibition constitutional.”

***

By Judge Jones’ logic, then bestiary and pedophilia should be constitutional too.

[Deo volente]

"...that same sex marriage causes discomfort in some does not make its prohibition constitutional..."

It is plain to see this judge has not read the 10th Amendment.

[DocJhn]

It’s all for 15 minutes of fame Nothing more and nothing less.
I hope the next news on the boy is, fired and disbarred!
So do laws that put Heroin Pushers in jail need to stand I”m sure they suffer discomfort! Better toss that law also, and don’t for forget those poor murderers that may be on Death Row.
We don’t care about your stinking Vote. We have a Slimey Judge!

[Arthur McGowan]

Note the use of the word “ban,” as though upholding authentic marriage were an arbitrary, temporary matter of mere whim.

[highball]

When Anthony Kennedy wrote that the only reason such a law would ever be passed was “bigotry”, the tyrants in black robes had their marching orders.

In fairness to Kennedy (and it makes me queasy just to type that), that phrase came from the lower court's ruling. And the only reason that the lower court found that way was because the so-called "defenders" of Prop 8 couldn't list a single other legitimate reason why anyone would have voted for the law. The liberals cried "Bigots!" and "our side" replied Yeah? So?

The case for Prop 8 was so bungled that our witness on the stand essentially called gay marriage bans "un-American." And this was the only witness our side called!

Those incompetent morons made sure that we'd lose at SCOTUS. And now the system is working as it should - with lower courts obeying the ruling of the highest - except that the deck was stacked against us at the very start.

[P.O.E.]

PA Ping!

If you see posts of interest to Pennsylvanians, please ping me.

Thanks!

Thanks lightman for the heads up