Governor yields; gays can wed

Pennsylvania leader halts same-sex marriage court fight

Juan Matos presents Sharon Buskirk (right) and Leeann Centeno of Wind Gap, Pa., with their marriage certificate Wednesday at City Hall in Philadelphia.
Juan Matos presents Sharon Buskirk (right) and Leeann Centeno of Wind Gap, Pa., with their marriage certificate Wednesday at City Hall in Philadelphia.

HARRISBURG, Pa. -- Pennsylvania's governor ended his fight Wednesday to stop same-sex marriage in the state, allowing a growing number of couples to proceed with their wedding plans with greater peace of mind.

A federal judge Tuesday struck down the state's same-sex marriage ban, and Gov. Tom Corbett, a Republican, announced Wednesday that he would halt his court fight because "the case is extremely unlikely to succeed on appeal."

The governor's decision means that same-sex marriage will remain legal in Pennsylvania, without the threat that a higher court will reinstate the ban.

U.S. District Judge John Jones III on Tuesday struck down a 1996 state law banning recognition of gay marriage, calling it unconstitutional. One widow, 11 couples and one couple's teenage daughters had sued. Their lawyers said it is extremely unlikely that another party will be allowed to appeal.

Corbett opposes same-sex marriage and had supported efforts to amend the state constitution to ban gay marriage. In October, he took heat for comparing the marriage of same-sex couples to the marriage of a brother and sister.

"As a Roman Catholic, the traditional teaching of my faith has not wavered," Corbett said in a statement. "I continue to maintain the belief that marriage is between one man and one woman. My duties as governor require that I follow the laws as interpreted by the courts and make a judgment as to the likelihood of a successful appeal."

Corbett, who is seeking re-election this year amid poor public approval ratings, has sought in recent months to move to the political center and away from staunchly conservative positions on several contentious issues.

At an unrelated public event in Pittsburgh on Wednesday, Corbett declined to discuss the decision beyond the statement. He said he has personal feelings about the issue, but "I'm going to keep it to myself."

Pennsylvania is the 19th state to recognize same-sex marriages and the last northeastern U.S. state to do so. Hundreds of gay couples rushed to apply for marriage licenses after Jones' ruling Tuesday.

On Wednesday, about an hour before Corbett revealed his decision, Pamela VanHaitsma and Jess Garrity of Pittsburgh were married in front of a district judge, said their lawyer, Sam Hens-Greco.

Pennsylvania requires a three-day waiting period before a couple with a marriage license can wed, but Hans-Greco asked a county judge to waive it, he said. The official did, and they got married right away.

A suburban Pittsburgh couple, Stephen Miller and Jim Devaty, plan to get married next Tuesday after more than two decades together. They applied for their license online Tuesday after Jones struck down the law.

"I'm in shock," Miller said Wednesday. "In a way, I never thought I'd live to see the day when Jim and I could get married."

They'll crack open a bottle of champagne they've been saving and plan a gathering for family and friends. They're not sure where yet, but their son, 6-year-old Aiden, suggested the backyard.

"We're anxious. We're excited," Miller said. "It's been almost 24 years that we've been together. We're excited to make it legal."

In Montana, four gay couples announced Wednesday that they are suing the state over its constitutional ban on same-sex marriage, making North Dakota and South Dakota the only two states with similar bans but no lawsuits seeking to overturn them.

The Montana suit was being filed in federal court in Great Falls. It lists as plaintiffs four Montana couples who are either unmarried or who were married outside the state.

The lawsuit alleges that the ban denies same-sex couples the freedom and dignity afforded to other Montanans, and denies them the state and federal legal protections and benefits that come with marriage.

Gov. Steve Bullock, a Democrat, released a statement in support of the couples.

"Montanans cherish our freedom and recognize the individual dignity of every one of us," he said. "The time has come for our state to recognize and celebrate -- not discriminate against -- two people who love one another, are committed to each other, and want to spend their lives together."

Montana voters in 2004 approved a state constitutional amendment providing that only a marriage between one man and one woman is valid or recognized as a marriage in the state.

Information for this article was contributed by Kevin Begos and Lisa Baumann of The Associated Press.

A Section on 05/22/2014

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