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William769

(55,124 posts)
Thu Jul 3, 2014, 06:25 PM Jul 2014

Federal appeals court rejects Pa. clerk’s bid to appeal same-sex marriage ruling

County clerk says she plans to appeal to the U.S. Supreme Court

PHILADELPHIA — A federal appeals court has rejected a county official’s bid to appeal a ruling that overturned Pennsylvania’s same-sex marriage ban.

The Philadelphia-based U.S. Circuit Court of Appeals for the Third Circuit on Thursday denied Schuylkill County Orphans Court Clerk Theresa Santai-Gaffney’s request to intervene in the case.

She said she plans to appeal to the U.S. Supreme Court.

U.S. District Judge John E. Jones III struck down the marriage ban on May 20. Pennsylvania was the last northeastern state to ban same-sex marriage.

Gov. Tom Corbett’s administration was defending the law, but declined to appeal Jones’ May 20 decision to strike down the 1996 law.

http://www.lgbtqnation.com/2014/07/federal-appeals-court-rejects-pa-clerks-bid-to-appeal-same-sex-marriage-ruling/
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Federal appeals court rejects Pa. clerk’s bid to appeal same-sex marriage ruling (Original Post) William769 Jul 2014 OP
Good for the court. Louisiana1976 Jul 2014 #1
She doesn't have standing to intevene. dballance Jul 2014 #2
Ha ha shenmue Jul 2014 #3
 

dballance

(5,756 posts)
2. She doesn't have standing to intevene.
Thu Jul 3, 2014, 07:20 PM
Jul 2014

She's not the governor, nor the state atty general. Nor, can I see how she can make the case she's harmed as a civil servant just being required to do her damned job.

Here is a little more, not much though from the judge's very appropriate ruling:

Santai-Gaffney, the county register of wills, argued that the decision made the state of marriage law and the scope of her duties unclear.

“Nothing could be further from the truth,” Jones wrote, saying the decision was clarified in a notice issued by the state Department of Health to clerks that handle marriage licenses.

“There is nothing remotely ambiguous about how Santai-Gaffney must perform her duties relative to issuing marriage licenses,” Jones said. “At bottom, we have before us a contrived legal argument by a private citizen who seeks to accomplish what the chief executive of the commonwealth, in his wisdom, has declined to do.”

The case is Whitewood v. Corbett, 13-cv-01861, U.S. District Court, Middle District of Pennsylvania (Harrisburg).


http://www.bloomberg.com/news/2014-06-18/pennsylvania-county-official-can-t-appeal-on-gay-marriage.html

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