Lawmakers displeased
At least four same-sex couples have applied for marriage licenses with the Butler County Register of Wills as of late Thursday afternoon.
Three of the couples were women and one was men.
They were able to do that because a federal judge Tuesday cleared the way for gay couples to marry legally in Pennsylvania, a decision that isn’t sitting well with a few state politicians who represent the county.
U.S. District Judge John E. Jones III ruled Tuesday that the state’s 1996 Defense of Marriage Act is unconstitutional, making Pennsylvania the 19th state in the country to allow same-sex marriage.
Gov. Tom Corbett said Wednesday he won’t appeal the ruling.
Previously, state Attorney General Kathleen Kane said she wouldn’t defend the state’s marriage ban when it went to court because she thought it was unconstitutional.
State Rep. Daryl Metcalfe on Wednesday railed against both Corbett and Jones.
Metcalfe said he vehemently opposes Corbett’s decision not to appeal the ruling, and said that “once again Gov. Corbett has failed to finish the fight.”
He also criticized Jones, calling him an “activist judge” who overstepped his boundaries.
“I have proposed a constitutional amendment that would leave the decision to define marriage up to the voters of Pennsylvania,” Metcalfe said. “The appropriate forum to debate and discuss this important issue is the Legislature, not the disconnected judiciary.”
Metcalfe added that both Corbett and Jones’ decisions make “my legislation even more critical to allow state lawmakers to exercise their rightful responsibility and obligation to uphold the rule of law and the will of the people.”
State Rep. Brian Ellis, R-11th, said he wasn’t surprised with Jones’ ruling, given that “we’ve seen a trend across the country with 12 other judges already ruling similarly.”
He said an appeal would be costly.
Ellis said he doesn’t see the state Legislature taking up the issue soon, given it is still hashing out the details of a state budget that is “a billion short on revenue.”
“I think side issues will not be very relevant for the next month or so,” he said.
State Rep. R. Lee James, R-64th, said Thursday he agrees with Ellis’ sentiment that Corbett not challenging the ruling is probably the right call because he likely wouldn’t succeed.
“I don’t believe Gov. Corbett has any chance of winning that on appeal since he’s got resistance from above and below,” James said. “He’s probably making the right decision being that it would be a waste of taxpayers’ money to pursue that.”
James added he’s “a bit concerned” about a growing trend of judges making their own laws on the bench.
“Judges are getting in the habit of making laws at their own level, but (Jones) probably took a look around the country and found out that more than half of the states now either have totally lifted the ban on homosexual marriage or there’s a contest in the courts,” James said.
He added the legal system in the country is “trending toward legalization of homosexual marriage” and he isn’t sure if the state Legislature will take up the issue again.
