Pennsylvania won't appeal same-sex marriage case

By Marc Levy

Associated Press

Published: Wednesday, May 21 2014 7:07 p.m. MDT

Elijah Socie, 6, of the Brookline section of Pittsburgh , runs underneath a large pride banner while carrying a pride flag to celebrate a federal judge ruling Pennsylvania's ban on same-sex marriage unconstitutional held on Ellsworth Avenue in Pittsburgh, Pa., on Tuesday, May 20, 2014.

Michael Henninger, Associated Press

HARRISBURG, Pa. — Same-sex marriage won a second victory in two days in Pennsylvania, as the governor said Wednesday that he will not appeal a court decision that struck down the state's ban.

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

"The case is extremely unlikely to succeed on appeal," Corbett said in a statement. "Therefore, after review of the opinion and on the advice of my commonwealth legal team, I have decided not to appeal."

On Tuesday, U.S. District Court Judge John Jones III struck down Pennsylvania's 1996 law banning recognition of gay marriage, calling it unconstitutional. One widow, 11 couples and one couple's teenage daughters had sued.

Corbett's decision goes against the Republican governor's political beliefs. He opposes same-sex marriage and supported thus-far unsuccessful efforts to amend the state constitution to ban gay marriage.

"As a Roman Catholic, the traditional teaching of my faith has not wavered," Corbett said. "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."

Pennsylvania is the 19th state to recognize same-sex marriages. Hundreds of gay couples rushed to apply for marriage licenses after Jones' ruling Tuesday.

Pennsylvania was the last northeastern U.S. state to legalize gay marriage.

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