Pennsylvania AG Won't Defend Gay Marriage Ban

Sources say Kathleen Kane will make announcement today
By Evann Gastaldo,  Newser Staff
Posted Jul 11, 2013 8:53 AM CDT
Pennsylvania Attorney General Kathleen Kane smiles during the singing of America, the Beautiful after she took her oath of office at the state Capitol, Tuesday, Jan. 15, 2013, in Harrisburg, Pa.   (AP Photo/Matt Rourke)

(Newser) – Pennsylvania's own attorney general won't defend the state's gay marriage ban, which is being challenged in a federal lawsuit, according to multiple sources, including lawyers involved in the case, who talked to the Philadelphia Daily News and the Washington Post. Kathleen Kane, the state's first Democrat AG, is expected to make the official announcement today. She and Gov. Tom Corbett are named as defendants in the lawsuit, and the Atlantic Wire notes that Corbett opposes gay marriage and will likely have no problem defending the ban.

Pennsylvania law allows the governor's legal team to defend a state law instead of the attorney general's office; a third party could also step up to defend the ban, as happened in the case of California's Prop 8 battle. Kane's decision isn't much of a surprise: The AP questioned yesterday whether she would defend the ban, since she supports gay marriage. She's scheduled to talk with reporters at Philadelphia's National Constitution Center today.

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