The Pennsylvania attorney general has made a stand and refused to support the state's version of the Defense of Marriage Act. Kathleen Kane has decided that she cannot, in good conscience, defend the state of Pennsylvania in a civil suit brought forward by the ACLU on behalf of 23 people whose potential civil unions would not be recognized legally in the state, even if they are from states that legally allow same-sex couples to marry.
Khan explained her decision during a press conference attended by Reuters at the National Constitution Center in Philadelphia:
"I cannot ethically defend Pennsylvania's version of DOMA...It is now the time here in Pennsylvania to end another form of discrimination...We are the land of the free and the home of the brave and I want to start acting like that."
Witold Walczak, who represents the ACLU in Pennsylvania, defended the couples in the case.
"The couples in this lawsuit are united by love, family and commitment, which are the cornerstones of marriage. They are married in every sense of the word, except one - under Pennsylvania law," said Walczak.
Now that Khan has refused the case, it is up to Gov. Tom Corbett, a Republican who is opposed to legalizing same-sex marriages, to find another attorney to defend the state in the lawsuit. The ACLU is representing the 23 people on the basis that the state's refusal to legally recognize their unions is a violation of the 14th Amendment.
Same-sex marriage is currently legal in 13 states and Washington, D.C, but the recent federal ruling on the Defense of Marriage Act did not recognize a federal right for same-sex couples to marry. It will be interesting to see the outcome of this suit, and if it leads to Pennsylvania joining other states in legalizing same-sex unions within the state's borders.