Whitewood v. Wolf - Knowledge

289:. The ruling was not stayed and same-sex couples in Pennsylvania could request and receive marriage licenses immediately and marry after a mandatory 3-day waiting period. Anticipating legal maneuvers to stay Jones' ruling, dozens of same-sex couples applied for marriage licenses the same day and some obtained waivers of the state's three-day waiting period. At least one couple managed to celebrate their wedding on May 21. 1840: 30: 180:. The district court's decision in May 2014 held that the Marriage Laws violated the Due Process and Equal Protection clauses of the United States Constitution. Same-sex couples immediately sought and received marriage licenses and the decision was not appealed. One county clerk sought repeatedly without success to intervene to defend the law. 366:, in a two-sentence order, said such dismissal was warranted "or essentially the reasons set forth in the Opinion of the District Court." Santai-Gaffney's lawyer then said "Our plan is to file something with the U.S. Supreme Court... The people of Pennsylvania deserve to have adequate review of this law." 237:

was precedent, it did not require him to find that denial of marriage equality is outside federal jurisdiction because "he jurisprudence of equal protection and substantive due process has undergone what can only be characterized as a sea change since 1972", foremost being the recent Supreme Court

388:, No. 14A19 (July 7, 2014). In her application, the clerk attempted to overcome not only the questions of her interest in intervening and standing to appeal, but that she, as a public official, is suffering irreparable harm. Supreme Court rules also require it probable that four Justices grant 457:

Furthermore, 23 Pa. C.S. § 1704 was added and read: "It is hereby declared to be the strong and longstanding public policy of this Commonwealth that marriage shall be between one man and one woman. A marriage between persons of the same sex which was entered into in another state or foreign

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All parties agreed to having Corbett's name removed as a defendant. The remaining named defendants are the state health and revenue secretaries, and the Bucks County register of wills. On November 15, Judge Jones rejected the state defendants'

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court clerk responsible for responding to marriage license applications, Theresa Santai-Gaffney, filed a motion before Judge Jones to allow her to intervene in the case in her official capacity. She wanted the court to stay its decision in

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and to allow her to appeal it. Judge Jones denied the motion on June 18, lamenting that a private citizen would use her public office to make a "wholly disingenuous" intervention.

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on behalf of 23 plaintiffs—10 couples, 2 of their children, and a widow—seeking to overturn Pennsylvania's 1996 statutory ban on same-sex marriage. The case, originally

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on any question presented in order for a stay to be granted. The counsel of record in clerk Santai-Gaffney's litigation, as listed in court filings, is the

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announced on May 21 that he would not appeal Judge Jones' decision, effectively making Pennsylvania the 19th state to recognize same-sex marriage.

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State enjoined from enforcing same-sex marriage ban; such bans violate the Fourteenth Amendment's Due Process and Equal Protection clauses.

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denial of intervenor status summarily affirmed, appeal ordered dismissed, sub nom. Whitewood v. Secretary Pennsylvania Department of Health

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that Pennsylvania's same-sex marriage ban is unconstitutional. He applied intermediate scrutiny and declared that the ban violates the

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On July 17, 2014, Santai-Gaffney filed a petition in the Third Circuit to rehear her motion to intervene, or to rehear it

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is served by preventing same-sex marriage. The Third Circuit immediately ordered the case sent to a panel to determine if

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on December 17, writing "this Court is rightfully in position to consider and assess such doctrinal advancements ."

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is the federal lawsuit that successfully challenged the Pennsylvania Marriage Laws, as amended in 1996 to ban

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nonprofit organization. On July 9, Justice Alito denied the clerk's application for a stay, referencing

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After the Third Circuit ruling, Santai-Gaffney applied for a stay of judgment from U.S. Supreme Court

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and asked it to stay the lower court's ruling. She argued that the Supreme Court's order in

258: 813:"US: Couples begin to marry in Pennsylvania as same-sex marriage ruling comes into effect" 397: 339: 233: 1146:"Theresa Santai-Gaffney Strikes Again, Filing an 'En Banc' Motion With the Third Circuit" 897: 665: 1242: 791:"Pa. same-sex couples rush to get marriage licenses after judge overturns marriage ban" 1860: 1017: 974: 363: 355: 335: 211: 458:

jurisdiction, even if valid where entered into, shall be void in this Commonwealth."

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Cities and counties in the United States offering a domestic partnership registry

1189: 1056: 1031: 988: 297: 242:. In early December, the state's attorneys asked Jones to allow them to ask the 215: 389: 383: 126: 947:. U.S. District Court for the Middle District of Pennsylvania. Archived from 1119:"Justice Alito denies clerk's bid to halt same-sex marriage in Pennsylvania" 765: 507:"Judge named to handle case trying to legalize gay marriage in Pennsylvania" 1132:

Supreme Court of the United States: No. 14A19, Santai-Gaffney v. Whitewood

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Santai-Gaffney immediately appealed the denial of her intervention to the

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Dalton, J. Caleb (Attorney, Alliance Defending Freedom) (June 18, 2014).

828:"Allegheny County marries its first same-sex couple amid smiles, tears" 640:"Corbett pushing for Third Circuit to clarify law in gay marriage case" 29: 1045:

Fuentes; Jordan; Shwartz, U.S. Circuit Judges (July 3, 2014). "Order,

480:"A.C.L.U. Lawsuit Aims to Overturn Pennsylvania's Ban on Gay Marriage" 358:

Judge Jones' dismissal of the Santai-Gaffney's motion to intervene in

533:"Pa. attorney general says she won't defend state's gay marriage ban" 896:

Conrad, Jeffery (Attorney for Proposed Intervenor) (June 6, 2014).

879:"Pennsylvania governor: I won't appeal court's gay marriage ruling" 257:

On April 21, 2014, plaintiff same-sex couples filed a motion for

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On July 9, 2013, following the U.S. Supreme Court decision in

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Rights and responsibilities of marriages in the United States

1072:"County official vows appeal after same-sex marriage setback" 728:"Federal judge strikes down gay marriage ban in Pennsylvania" 1301:

U.S. state constitutional amendments banning same-sex unions

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Babione, Byron J. (Attorney for Petitioner) (July 3, 2014).

854:"Wedding bells ring at art museum steps for same-sex couple" 907: