Main | Monday, August 04, 2014

PENNSYLVANIA: Third Circuit Denies Clerk's Demand For En Banc Review

Via LGBTQ Nation:
A federal appeals court has rejected a Pennsylvania county clerk’s latest effort to overturn a federal judge’s ruling allowing same-sex couples to marry in the state. The U.S. Court of Appeals for the Third Circuit on Monday denied a request by Theresa Santai-Gaffney, the Register of Wills and Orphans’ Court Clerk for Schuylkill County, Pa., seeking an “en banc” hearing in her bid to gain standing to defend the state’s ban on same-sex marriage. Gov. Tom Corbett’s administration was defending the law, but declined to appeal the May 20 ruling, allowing for Pennsylvania to become the 19th state to legalize same-sex marriage. Santai-Gaffney, who is represented by the Alliance Defending Freedom — a conservative legal group also representing clerks in Virginia and Oklahoma same-sex marriage cases — asked the U.S. Supreme Court last month to stop same-sex marriages in Pennsylvania. Without comment, Justice Samuel Alito rejected that motion. Santai-Gaffney is expected to return to the Supreme Court to appeal the Third Circuit decision.
And the Alliance Defending Freedom loses again. (Tipped by JMG reader Christopher)

RELATED: Same-sex marriage is now legal in all of the states under the jurisdictions of the First, Second, and Third Circuit Court of Appeal. Pro-marriage rulings have been issued by the Fourth, Ninth, and Tenth Circuit Court. Of the eleven Circuit Courts, only five have not yet ruled on same-sex marriage: the Fifth, Sixth, Seventh, Eighth, and Eleventh. On Wednesday, the Sixth Circuit Court will hear marriage cases from every state in its jurisdiction. There is a possibility, however slim, that we could get there nationwide without SCOTUS.

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