Pennsylvania GOP Governor Tom Corbett who recently appeared on a morning talk show and equated same sex marriage with incest, has filed a legal brief claiming that he is exempt from being named a defendant in any marriage equality lawsuits filed in the federal court system.
Gov. Tom Corbett’s legal team argued that the U.S. Constitution provides state officials immunity from being sued in federal court without their consent. The governor’s lawyers contend that Corbett and Health Secretary Michael Wolf should be dismissed as defendants because of a 1972 Supreme Court ruling that says federal courts lack jurisdiction over state marriage laws. In a separate filing, lawyers for state Attorney General Kathleen Kane argued that she should not be a defendant because she is not enforcing the law. In addition to Corbett, Kane and Wolf, two county officials are named in the lawsuit. Lawyers in the case are scheduled to meet on Wednesday with Judge John E. Jones III to discuss scheduling matters, including the timing of a trial.
Corbett is a graduate of the Sarah Palin School of Government Accountability.