Tuesday, July 23, 2013

Amended complaint filed in challenge of Arkansas gay marriage ban

Posted By on Tue, Jul 23, 2013 at 6:55 AM

AN EXAMPLE FOR MCDANIEL: Pennsylvania Attorney General Kathleen Kane has declined to defend her states ban on same-sex marriage.
  • AN EXAMPLE FOR MCDANIEL: Pennsylvania Attorney General Kathleen Kane has declined to defend her state's ban on same-sex marriage.
For the record, here's the amended complaint filed yesterday by Searcy attorney Cheryl Maples in the lawsuit challenging Arkansas's ban on same-sex marriages. It adds plaintiffs and arguments to the suit. An independent suit with different plaintiffs also has been filed in federal court. That suit, too, is likely to have some amendments in days ahead.

The next big shoe to drop in these cases is the response from the attorney general's office. Might Dustin McDaniel emulate the Pennsylvania attorney general and decline to defend the constitutionally indefensible? Seems unlikely. But what if McDaniel quoted A.G. Kathleen Kane:

“If there is a law that I feel that does not conform with the Pennsylvania state constitution and the U.S. Constitution, then I ethically cannot do that [defend it] as a lawyer,” she said.

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