US: Anti-gay marriage Pennsylvania clerk loses Supreme Court appeal

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A Pennsylvania clerk who attempted to continue fighting for the state’s already-removed same-sex marriage ban has lost her US Supreme Court appeal.

Same-sex marriage was legalised in Pennsylvania following a ruling by Judge John Jones on May 20and was cemented as law when the state’s Governor, Tom Corbett, refused to appeal, alongside the Attorney General.

Despite the law already being in effect, Schuylkill County clerk Theresa Santai-Gaffney had earlier this month sought permission to file an appeal, claiming that she had standing to appeal as the ruling had made the scope of her duties unclear.

Her appeal had been previously rejected by both Judge Jones and an appeals court, but Santai-Gaffney since filed papers with the Supreme Court, arguing that she should be allowed to defend the ban.

Without comment, Justice Samuel Alito rejected the appeal today. Santai-Gaffney could now appeal to another justice, should she wish.

Santai-Gaffney argued that the Supreme Court had previously “signalled to all lower federal courts” that they must act “to preserve the enforcement of man-woman marriage laws” until appeals are concluded, by staying a same-sex marriage ruling in Utah.

Her appeal was the last stand of opponents of marriage equality in the state.

Judge Jones originally ruled that her “deep personal disagreement” with same-sex marriage did not give her any standing to act on behalf of the state.