HARRISBURG, Pa. — Pennsylvania Gov. Tom Corbett and state Attorney General Kathleen Kane are separately seeking to be released as defendants in a federal lawsuit seeking to overturn the state's gay-marriage ban.
In papers filed Monday in Harrisburg federal court, Corbett's lawyer, William Lamb, argued that the U.S. Constitution provides state officials immunity from being sued in federal court without their consent. Lamb also says Corbett and Health Secretary Michael Wolf should be dismissed because federal courts have no jurisdiction over such cases.
A lawyer for Kane, who has said the gay-marriage ban is unconstitutional and refused to defend it in court, say she should not be a defendant because she is not enforcing the law.
The lawsuit was the first of a growing number of legal challenges to the Pennsylvania law.