Friday afternoon, Jim Smith and David Crossett, attorneys with the Smith Law Group,
LLC, located in Fleetwood, Berks County, and Jeff Conrad, attorney with Clymer,
Musser & Conrad, P.C., located in Lancaster County, on behalf of Theresa Santai Gaffney, Clerk
of the Orphan’s Court of Schuylkill County, filed a Motion to Intervene in Whitewood v. Wolf,
the case in which a single federal District Judge declared the ban on same sex marriage unconstitutional.
Theresa Santai Gaffney, Clerk of the Orphan’s Court, is seeking intervention in the case
so that the ruling can be appealed to the U.S. Court of Appeals for the Third Circuit.
"An appeal is necessary so that the judicial process is not abandoned. The people of Pennsylvania deserve to hear from the Court of Appeals on this important issue because a single judge should not be able to nullify the will of the majority without an appeal. I respect the law of our Commonwealth and the will of the people reflected in the law. I believe that the voice of those who think that our law is constitutional and best serves all citizens of the Commonwealth should be heard. Due to the uncertainty of the state of the law, I will continue issuing marriage licenses to all couples” said Ms. Gaffney.
One of the reasons that she is seeking to intervene in this case is to obtain clarity about her official duties.
Link to official news release
http://www.equalitypa.org/wp-content/uploads/Motion-to-intervene-press-release.pdf
In response to the appeal, Executive Director of Equality PA, Ted Martin had this to say
“It saddens me, as I am sure it saddens many Pennsylvanians, that some individuals are having such a hard time accepting that all people deserve to be treated equally regardless of our differences. We have branches of government for a reason, and the judicial branch has a legitimate right to interpret whether laws meet the constitutional standards that our nation’s founders created.
We are glad that Judge Jones examined the case and came to a reasonable conclusion. We also thank Gov. Corbett for recognizing that the majority of Pennsylvanian’s understand that love is love.
The fact is that marriage matters to all families, and lesbian, gay, bisexual, and transgender families in Pennsylvania deserve the same dignity and protection as anyone else.”
Link to Equality PA
http://www.equalitypa.org/schuylkill-county-clerk-just-filed-motion-to-overturn-marriage-decision-equality-pa-responds/