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April 22, 2014

Meanwhile In Pennsylvania

Pennsylvania's Attorney General has wisely refused to defend his state's ban on same-sex marriage, so the office of Governor Corbett (a Republican) took on that task. But the defense is no defense. The Governor's office has said they will call no expert witnesses and they will not dispute any of the specific harms caused to the plaintiffs by the marriage ban. Essentially, then, this would seem to be like the Oregon suit - defenseless. But it's got one advantage over Oregon because there is a nominal defendant. The defendant (the Commonwealth) agrees with the plaintiffs that there is no need for a trial so they will not be going through the motions. Both sides are filing requests for summary judgement.

Governor Corbett is to be commended for saving taxpayers' money and minimizing everyone's misery while still staying faithful to what he thinks he has to do as Governor.

Judge John E. Jones III who will be making the decision is a Republican appointed by George W. Bush in 2002. He is a native of Pennsylvania. He ruled in 2005 that a school district's mandate to teach "intelligent design" was unconstitutional. Thereupon, he was attacked by Phyllis Schlafly and Bill O'Reilly; O'Reilly calling him a fascist activist judge. He has defended himself saying that his duty is to the Constitution, not special interests.

OTOH, when he was the Chairman of the state Liquor Control Board he banned the sale of Bad Frog Beer after determining that the frog on the label was giving the finger. Anyone who looks at the label will see that the frog has only 4 toes on both front feet and all 4 toes are extended on both feet. IMO "the finger" was in the mind of the beholder. But even if it was flipping off the drinker, it would seem to be a free speech issue.

Filed under Gay Issues,Libertarianism | permalink | April 22, 2014 at 04:55 PM

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