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PA’s court considerations

Timothy Kincaid

August 22nd, 2013

The Pennsylvania Commonwealth Court has issued the list of issues which it will consider in relation to the issuance of same-sex marriage licenses. (Observer-Reporter)

The court wants lawyers to focus on whether the court has jurisdiction, given that Hanes is a judicial officer.

Other questions are whether issuing marriage licenses are a judicial act and whether the constitutionality of Pennsylvania’s marriage law can be raised as a defense in the case.

Also at issue are whether the Department of Health has standing to sue, and if not, the effect of Democratic Attorney General Kathleen Kane’s delegation of defense of the law to Republican Gov. Tom Corbett’s legal staff.

Comments

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TomTallis
August 22nd, 2013 | LINK

They seem to be hitting all around the target without actually hitting the target. I sense a reluctance to deal with the issue at hand.

Nathaniel
August 23rd, 2013 | LINK

I wonder if SCOTUS’ hesitance has made lower courts reluctant to set precedence and look for technical work-arounds instead.

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