Post by keith on May 20, 2014 12:39:12 GMT -6
And another onebites the dust. Federal judge just strikes down PAs ban on same sex marriage.
Source: www.lgbtqnation.com/2014/05/pa-marriage-ruling/#.U3ufXQwe5gs.facebook
HARRISBURG, Pa. — A federal judge in Harrisburg, Pa., has struck down Pennsylvania’s ban on same-sex marriage, the second such ruling this week by a federal court and the 14th consecutive ruling in favor of marriage equality.
U.S. District Judge John E. Jones III issued the ruling in a case filed by the American Civil Liberties Union and and the ACLU of Pennsylvania, on behalf on a widow, 11 same-sex couples, and one of the couples’ two teenage daughters, calling them “courageous.”
Lawyers for the plaintiffs said the law inflicts harm on same-sex couples and their children by depriving them of the legal protections and tax benefits afforded to married couples.
“We are a better people than what these laws represent, and it is time to discard them into the ash heap of history,” Jones wrote of the 1996 state ban:
“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. Nor can past tradition trump the bedrock constitutional guarantees of due process and equal protection,” wrote Jones, in his decision.
“Were that not so, ours would still be a racially segregated nation according to the now rightfully discarded doctrine of ‘separate but equal.’
[...]
“In future generations the label same-sex marriage will be abandoned, to be replaced simply by marriage.”
Jones declined to put his ruling on hold during a potential appeal by the governor’s office, which defended the ban after state Attorney General Kathleen Kane refused to defend it, saying she believed the ban to be unconstitutional.
Jones’ order was therefore expected to go into immediate effect Tuesday, unless Republican Gov. Tom Corbett successfully moved for a stay while he appealed. But since Pennsylvania state law requires a 3-day waiting period between getting a license and solemnizing the marriage, so same-sex wedding ceremonies won’t happen until at least Friday.
“The opinion’s just been published. We’re currently reviewing all the legal issues presented in the opinion,” said Joshua Maus, a spokesman for Corbett’s legal office.
In all, same-sex marriage is now legal in 18 states. If Jones’ decision stands, Pennsylvania would become the 19th, and same-sex marriage would be legal across the Northeastern United States.
The Pennsylvania lawsuit, filed July 9, was the first known challenge to the state law that effectively banned same-sex marriage and the recognition of gay marriages from other states.
At least five later challenges have surfaced in state and federal courts since the lawsuit was filed, including one in which a county official is defending his decision to issue 174 marriage licenses to same-sex couples.
On Monday, a federal judge in Oregon struck down that state’s voter-approved ban on same-sex marriage, ruling it is unconstitutional. State officials had declined to defend the ban or appeal the ruling, and same-sex couples there began marrying within minutes of the ruling being handed down.
U.S. District Judge John E. Jones III issued the ruling in a case filed by the American Civil Liberties Union and and the ACLU of Pennsylvania, on behalf on a widow, 11 same-sex couples, and one of the couples’ two teenage daughters, calling them “courageous.”
Lawyers for the plaintiffs said the law inflicts harm on same-sex couples and their children by depriving them of the legal protections and tax benefits afforded to married couples.
“We are a better people than what these laws represent, and it is time to discard them into the ash heap of history,” Jones wrote of the 1996 state ban:
“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. Nor can past tradition trump the bedrock constitutional guarantees of due process and equal protection,” wrote Jones, in his decision.
“Were that not so, ours would still be a racially segregated nation according to the now rightfully discarded doctrine of ‘separate but equal.’
[...]
“In future generations the label same-sex marriage will be abandoned, to be replaced simply by marriage.”
Jones declined to put his ruling on hold during a potential appeal by the governor’s office, which defended the ban after state Attorney General Kathleen Kane refused to defend it, saying she believed the ban to be unconstitutional.
Jones’ order was therefore expected to go into immediate effect Tuesday, unless Republican Gov. Tom Corbett successfully moved for a stay while he appealed. But since Pennsylvania state law requires a 3-day waiting period between getting a license and solemnizing the marriage, so same-sex wedding ceremonies won’t happen until at least Friday.
“The opinion’s just been published. We’re currently reviewing all the legal issues presented in the opinion,” said Joshua Maus, a spokesman for Corbett’s legal office.
In all, same-sex marriage is now legal in 18 states. If Jones’ decision stands, Pennsylvania would become the 19th, and same-sex marriage would be legal across the Northeastern United States.
The Pennsylvania lawsuit, filed July 9, was the first known challenge to the state law that effectively banned same-sex marriage and the recognition of gay marriages from other states.
At least five later challenges have surfaced in state and federal courts since the lawsuit was filed, including one in which a county official is defending his decision to issue 174 marriage licenses to same-sex couples.
On Monday, a federal judge in Oregon struck down that state’s voter-approved ban on same-sex marriage, ruling it is unconstitutional. State officials had declined to defend the ban or appeal the ruling, and same-sex couples there began marrying within minutes of the ruling being handed down.
Source: www.lgbtqnation.com/2014/05/pa-marriage-ruling/#.U3ufXQwe5gs.facebook