Register of Wills Seeks to Appeal PA Gay Marriage Ruling

Theresa Santai-Gaffney has taken steps to appeal Pennsylvania's recent marriage equality ruling. Photo by Republican & Herald.

Theresa Santai-Gaffney has taken steps to appeal Pennsylvania’s recent marriage equality ruling. Photo by Republican & Herald.

Schuylkill County’s Register of Wills Theresa Santai-Gaffney wants it to rain on our parade. She has filed a petition asking a federal court judge to allow her to appeal Judge John Jones III’s recent decision to strike down the state’s same-sex marriage ban. More from the Republican & Herald:

Santai-Gaffney, whose office issues marriage licenses in the county, asked U.S. District Judge John E. Jones III on Friday to allow her to intervene in the case, with a view toward appealing his May 20 order declaring Pennsylvania’s ban on gay marriage unconstitutional.

Any appeal of Jones’ decision would be heard by the Philadelphia-based 3rd U.S. Circuit Court of Appeals.

Santai-Gaffney said the issue should not stop with Jones’ ruling, although Gov. Tom Corbett, who had defended the law in court, has said he will not appeal that decision.

“An appeal is necessary so that the judicial process is not abandoned,” she said. “The people of Pennsylvania deserve to hear from the court of appeals on this important issue because a single judge should not be able to nullify the will of the majority without an appeal.”

One bright light in this annoying news is that Santai-Gaffney says she will continue to follow Jones’ ruling until the court makes a decision. “Due to the uncertainty of the state of the law, I will continue issuing marriage licenses to all couples,” she says.

You can read her motion to intervene in Whitewood v. Wolf here.


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