Schuylkill clerk goes to the top Same-sex marriage ruling appealed to Supreme Court
Undaunted by two failed attempts to stop same sex marriage in Pennsylvania, one Schuylkill County official is now asking the U.S. Supreme Court to halt the weddings.
Register of Wills/Clerk of Orphan's Court Theresa Santai-Gaffney on Monday appealed to the court a ruling handed down on July 3 by the U.S. Third Circuit Court of Appeals.That ruling upheld a lower court's June 18 rejection of Santai-Gaffney's quest to overturn U.S. District Judge John E. Jones III's May 20 ruling that found the state's ban on same-sex marriage unconstitutional.Gov. Tom Corbett on May 21 announced the state would not appeal Jones' ruling.Santai-Gaffney filed her appeal of Jones' ruling two weeks after it was handed down. She argued that the ruling made her job of issuing marriage licenses unclear, and that states, not the federal government, should decide who is permitted to marry.Jones disagreed, saying that the law was clear that clerks must follow state law in issuing marriage licenses."This court respects Santai-Gaffney's evidently deep, personal disagreement with our decision to strike down the marriage laws. That said, we lament that she has used her office as a platform to file the motion we dispose of today," Jones wrote.Santai-Gaffney wants same-sex marriages stopped until the federal court resolves the issue.Efforts to reach Santai-Gaffney early Tuesday were unsuccessful. She was represented in the matter by Lancaster attorney Jeffrey Conrad, who has said he is doing the job free of charge.Conrad made the news in 2011 when he represented a Nicaraguan man, Timo Miller, who, according to authorities, helped a woman who went to his country to hide her daughter from her lesbian former partner who had been granted custody.In her petition to appeal before the U.S. Supreme Court, Santai-Gaffney is represented by Byron J. Babione of the Alliance Defending Freedom, a religious organization based in Scottsdale, Arizona.Molly Tack-Hooper, an attorney for the American Civil Liberties Union of Pennsylvania, which represented plaintiffs in the case, said Santai-Gaffney is not a party to the lawsuit and thus has no right to pursue an appeal."The elephant in the room is that no one who has standing to appeal has appealed," she said Monday.The Associated Press contributed to this report.