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Pennsylvania Attorney General Bows Out on DOMA

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It’s the state Attorney General’s job to defend the constitutionality of PA laws in court when they are challenged. Such a challenge is now underway by the ACLU regarding Pennsylvania’s version of DOMA – the Defense of Marriage Act, which bans gay marriage in the Commonwealth.

Attorney General Kathleen Kane says, however, she will not defend that law on behalf of the state, instead turning the case over to Governor Tom Corbett’s lawyers. Kane says she believes the law to be unconstitutional and therefore cannot ethically defend it. She says any lawyer – herself included – has a fundumental obligation to withdraw from a case when there is disagreement with the client.

Kane says her office is empowered to turn cases over to the Governor’s Office of General Counsel and have them litigate cases when the Attorney General determines that is in the best interest of the Commonwealth.

Kane’s announcement Thursday drew praise from the left, as supporters of gay marriage gear up for the ACLU’s lawsuit against the Commonwealth, but state Republican Chairman Rob Gleason had a different take:

“The people of Pennsylvania elect citizens to carry out constitutional responsibilities based on the tradition that no one is above
the law,” Gleason said in a relased statement. “It is unacceptable for Attorney General Kathleen Kane to put her personal politics ahead of her taxpayer-funded job by abdicating her responsibilities.”

 

Radio PA Roundtable – June 28, 2013

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On this week’s Radio PA Roundtable, the budget deadline looms! Lawmakers have until Sunday night to wrap up their spending plan and decide whether or not to address the major issues of transportation funding, alcohol privatization and pension reform. Also, amidst all the budget week hype, two state lawmakers knocked heads over the Supreme Court ruling on DOMA.

Radio PA Roundtable is a 30-minute program featuring in-depth reporting, commentary and analysis on the top news stories of the week.

Click the audio player below to hear the full broadcast:

Metcalfe vs. Sims: The Budget Week Undercard

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State Representative Brian Sims is an openly gay member of the state House of Representatives, and on Wednesday he took to the House floor to speak about the Supreme Court’s landmark ruling invalidating key provisions of the Defense of Marriage Act (DOMA).

House members are granted the privilege of speaking on any subject they wish under “unanimous consent,” meaning no other lawmakers object. Sims was 9 seconds into his remarks when unanimous consent was withdrawn by at least a handful of lawmakers, who at that time, rejected requests to name themselves. One of those lawmakers would later be revealed to be Conservative Butler County Republican Daryl Metcalfe, who would tell a Philadelphia radio station that he objected because Sims’ words would represent an “open rebellion to God’s laws.”

On Thursday, Sims got another chance to speak and requested that Metcalfe be reprimanded for his actions.

“My understanding of the rules of this body is that I could never call another member a bigot, a homophobe or a racist, nor would I. But I do ask that this body recognize that the language that was used against me as a member does not live up to the standards set by this body,” Sims said in his remarks.

No immediate action was taken and Sims was told that his complaint would be more appropriate for the Ethics Committee.

 

SCOTUS DOMA Decision

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It was a good Wednesday for State Representative Brian Sims. He didn’t pass a major piece of legislation, and there were no breakthroughs on the major issues facing lawmakers in this final week before the summer recess. He’s also likely going to have to work all weekend as the legislature tries to wrap up the state budget by Sunday night.

Still, Brian Sims was smiling.

As the only person ever elected to the Pennsylvania state legislature as an openly gay candidate, Sims applauded the U.S. Supreme Court ruling that invalidated key provisions of DOMA, the Defense of Marriage Act. The high court said it is unconstitutional to deny legally married homosexuals the same rights heterosexuals enjoy in marriage.

Sims will be the first person to tell you, though, that this does not open the door for gay marriage in Pennsylvania tomorrow.

The Pennsylvania political landscape remains one that represents an uphill battle for gays, but Sims believes LGBT issues have more support, bi-partisan support, than ever before under the Capitol dome in Harrisburg. He is currently pushing three bills dealing with anti-bullying, anti-discrimination and hate crimes, and while he knows gay marriage legislation is a no-go this year, and next year, he believes the future is hopeful.

Later Wednesday, however, Sims received a reminder that the present is not so kind to his cause. When he attempted to speak about the ruling on the Republican-controlled House floor under unanimous consent, he was cut off, consent was withdrawn and he was not able to speak on the momentous events of the day. The House then adjourned until Thursday.

 

Sen. Casey Issues Statement in Support of Same-Sex Marriage

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During his reelection bid last year US Senator Bob Casey (D-PA) favored civil unions but did not take a position on the same sex marriage debate.  Now, with the question before the US Supreme Court, Casey says he favors marriage equality and believes the federal Defense of Marriage Act should be repealed.

Casey’s official statement concludes: “I understand that many Americans of good will have strong feelings on both sides of this issue.  I believe elected public officials have an abiding obligation to refrain from demonizing and dividing people for partisan or political gain.  Rather, Democrats and Republicans should come together and find areas of agreement to do what’s best for the country, including lesbian and gay Americans.” 

Marriage equality advocates have been putting the pressure on Senators like Casey for weeks now, and Equality Pennsylvania executive director Ted Martin released a statement that applauds Casey’s courage and leadership.  “Marriage matters for all families,” Martin writes, “and Senator Casey’s support for marriage for all committed couples puts him squarely on the right side of history.”

Last week state Rep. Brian Sims (D-Philadelphia) sent Casey an open letter urging him to support LGBT equality.  Sims – PA’s first openly gay elected lawmaker – says Casey’s statement shows that he’s listening to the millions of voices of Pennsylvanians calling for him to support same-sex marriage.

Radio PA Roundtable 03.29.13

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On this week’s Radio PA Roundtable, Brad Christman and Matt Paul discuss the opening on the Pennsylvania Supreme Court, the U.S. Supreme Court consideration of same sex marriage and a property tax elimination bill in Harrisburg.

Radio PA Roundtable is a 30-minute program featuring in-depth reporting on the top news stories of the week.

Click the audio player below to hear the full broadcast:

[audio:https://s3.amazonaws.com/witfaudio/radiopa/Roundtable03-29-13.mp3]