AG won’t defend Pennsylvania’s gay marriage ban
Pennsylvania attorney general Kathleen Kane said Thursday that she will not defend the state in a federal lawsuit filed this week challenging the states ban on same-sex marriage, calling the prohibition wholly unconstitutional.
Kanes decision not to fight the lawsuit filed by the American Civil Liberties Union on behalf of 23 Pennsylvania residents places the burden of defending the 1996 law on Republican Gov. Tom Corbett, who supports it. It also reignited a public debate over whether state officials have the right to opt out of legal battles involving same-sex marriage.
In an interview, Kane who endorsed the idea of gay marriage while running for her post last year said she was obligated to drop the case because I endorse equality and anti-discrimination laws.
If there is a law that I feel that does not conform with the Pennsylvania state constitution and the U.S. Constitution, then I ethically cannot do that as a lawyer, she said.
http://articles.washingtonpost.com/2013-07-11/politics/40511610_1_gay-marriage-marriage-act-proposition-8