Pennsylvania Attorney General Kathleen Kane says she will not defend her state's ban on gay marriage in court. Obama took a similar tack with the federal Defense of Marriage Act.
In taking that step, Attorney General Kane (D) joins a select group: President Obama, US Attorney General Eric Holder, former California Gov. Arnold Schwarzenegger (R), and current California Gov. Jerry Brown (D) – all of whom declined to defend measures blocking recognition of same-sex marriage.
But in Pennsylvania, there’s a big difference: The state will still defend its own law. Gov. Tom Corbett (R) opposes gay marriage, and he can have his general counsel defend Pennsylvania’s anti-gay-marriage law in court.
Kane’s announcement came in response to a lawsuit filed on Tuesday by the American Civil Liberties Union, challenging Pennsylvania’s version of the Defense of Marriage Act (DOMA). The state law, passed in 1996, prohibits same-sex marriage and the recognition of same-sex marriages performed in other states.