On A Losing Streak, Conservatives Struggle To Keep Fighting Gay Marriage
SAHIL KAPUR MAY 23, 2014, 3:14 PM EDT
Between the streak of court victories for marriage equality and the rapidly shifting tide of national public opinion, conservative guardians of traditional marriage are struggling to keep the cause alive, if not conceding defeat.
Pennsylvania Gov. Tom Corbett said Wednesday he won't appeal a George W. Bush-appointed federal judge's ruling this week that his state's ban on gay marriage is unconstitutional, a revealing move for the GOP governor who's running for re-election this year. He argued that "the case is extremely unlikely to succeed on appeal."
The state's Republican senator, Pat Toomey, who has consistently opposed gay marriage, stayed silent in the wake of the ruling. His office declined multiple requests for comment. Meanwhile, Sen. Bob Casey (D-PA) heaped praise on the judge's decision, calling it "a critical step toward achieving equal rights for all Pennsylvanians."
Pennsylvania is a microcosm of what's happening across the country as federal judges in Utah, Oklahoma, Oregon and elsewhere knock down gay marriage bans. The streak is remarkable: not a single court has upheld a gay marriage ban since the Supreme Court ruling in 2013 that axed a key part of the Defense of Marriage Act, and which trial court judges say leaves little room to uphold state bans on gay marriage. Some of the decisions are being appealed in circuit courts and the case could conceivably make its way back to the justices.
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