In May 2014, Judge Jones of the Middle District of Pennsylvania authored a majority opinion holding that Pennsylvania’s ban on same-sex marriage is unconstitutional.  Despite a pledge by PA governor Tom Corbett not to appeal the ruling, a Schuykill County official tried to take steps to appeal the case herself.

Judge Jones denied Register of Wills Theresa Santai-Gaffney’s motion to intervene in June, which she promptly appealed to the Third Circuit Court of Appeals.  Gaffney, a court clerk, claimed that her rights and duties were affected when marriage ban was overturned since she enforces marriage laws as part of her employment.  Judge Jones noted that Gaffney had no personal interest in the outcome of the case and her appeal was a contrived “to accomplish what the chief executive of the commonwealth…has declined to do”.

The Third Circuit issued a two sentence order affirming the district court’s opinion, saying specifically: “For essentially the reasons set forth in the opinion of the district court, the order denying the motion to intervene is summarily affirmed and the appeal is dismissed.”  This ruling provides the strongest affirmation for supporters of same-sex marriage in Pennsylvania and suggests that the courts will frown on any additional attempts to reinstate the ban.

Thanks to Remy Cahn for her contribution to this post. If you have any questions or comments, please email Paul at .