Tuesday, May 20, 2014

Pennsylvania!

Another domino falls. They seem to be coming thick and fast now. A federal district judge has struck down the state's ban on same-sex marriage. This one wasn't in the state constitution. The reasons are the usual. The judge did not issue a stay, saying marriages may begin immediately -- and they have. No word yet of an appeal. The judge wrote:
We are a better people than what these laws represent, and it is time to discard them into the ash heap of history.

The judge is John Edward Jones III. He is a Republican and once ran for Congress. He was appointed to his seat by Bush II. He's likely to be called an activist judge for this case, but been there, done that -- he was the judge in Kitzmiller v. Dover, the famous case that removed the mandate for teaching intelligent design in public schools back in 2005. After that case, when he was asked to speak, he would talk about the role of the judiciary, including siding with the Constitution and perhaps against popular will. Whoever updates this judge's Wikipedia page is on the ball -- it already lists today's same-sex marriage ruling.

The state Attorney General refused to defend the law. So the job fell to GOP Gov. Tom Corbett, who had one of his legal team before this judge. Today is primary day and Corbett's opponent for November is being decided. That race will likely go against Corbett because he is unpopular. So at the moment he is being really quiet. Commenter Jack says Corbett doesn't have a good option. Appeal this case he loses more general support. Not appeal and the Fundies go berserk. Appeal and then lose in Nov. and the new Dem. governor almost certainly drops the appeal.

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