It appears that many anti-gay activists in Pennsylvania have never actually read the law creating the Attorney General’s position in the state. The Commonwealth Attorneys Act has two governing whether or not Attorney General Kathleen Kane has to defend the ban on same-sex marriage.
The first reads “It shall be the duty of the Attorney General to uphold and defend the constitutionality of all statutes so as to prevent their suspension or abrogation in the absence of a controlling decision by a court of competent jurisdiction.”
However, it also reads “The Attorney General may, upon determining that it is more efficient or otherwise is in the best interest of the Commonwealth, authorize the General Counsel or the counsel for an independent agency to initiate, conduct, or defend any particular litigation or category of litigation in her stead.”
We should not be surprised that the National Organization for Marriage and their allies have begun to attack Kane for deciding, in accordance to the law, to abdicate the defense of the ban on same-sex marriage in light of the United States Supreme Court’s recent rulings and her conscience.
Not long ago, Kane came under fire from Sam Rohrer, a former state representative. He said “The issue is one of defending heterosexual marriage. . .We see a moral imperative for heterosexual marriage due to the revealed truth of God based on eternal law.”
On an online Christian talk show, Rohrer also said that “By saying that she couldn’t ethically defend the law means, very clearly, in our opinion, that it is a direct attack on the integrity of the family because marriage between a man and a woman is basically the essence of what constitutes a family.”
Kane has said that Governor Tom Corbett can defend the law if he so wishes.