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Pennsylvania Attorney General won't defend gay marriage ban

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WPVI
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July 11, 2013

PHILADELPHIA - July 11, 2013 (WPVI) -- Pennsylvania's elected attorney general said Thursday that she will not defend the state law effectively banning same-sex marriage from a legal challenge in federal court, meaning the task will be left up to Gov. Tom Corbett.

"I cannot ethically defend the constitutionality of Pennsylvania's (law banning same-sex marriage), where I believe it to be wholly unconstitutional," Kathleen Kane announced to reporters at the National Constitution Center in Philadelphia on Thursday.

Under Pennsylvania law, it is the attorney general's duty to defend the constitutionality of state laws. But the law also says the attorney general may allow lawyers for the governor's office or executive-branch agencies to defend a lawsuit if it is more efficient or in the state's best interests.