Friday, June 20, 2014

Pennsylvania Federal Court Denies Intervention To Appeal Same-Sex Marriage Case

As previously reported, in May a Pennsylvania federal district court held Pennsylvania's laws banning same-sex marriage to be unconstitutional, and Pennsylvania Governor Tom Corbett announced that the state will not appeal the decision.  Some two weeks later, Theresa Santai-Gaffney, clerk of courts in Schuylkill County moved to intervene in order to appeal the court's decision to the 3rd Circuit.  In Whitewood v. Wolf, (MD PA, June 18, 2014), the federal district court rejected the motion to intervene.  The court held that Santai-Gafney has not met the criteria for either intervention as of right or permissive intervention.  The court 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.
AP reports on the decision.