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View Diary: New awful argument against marriage equality in Pennsylvania: Gay couples are like children (71 comments)

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  •  FWIW (9+ / 0-)

    That brief is here; it's an opposition to the now-married couples' efforts to intervene in the suit which the Corbett administration filed against the Montco Register of Wills.

    All the filings in the case are online.

    •  Mandamus action (1+ / 0-)
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      Aunt Pat

      Given that this is a mandamus action that is not contesting the validity of the licenses that were already issued, but rather only seeking to force the MontCo clerk to stop issuing licenses in the future, I think it is a long shot for the couples to be allowed to intervene.

      That said, however, the argument the Department is making used really unfortunate, if not shameful, language.  If you are going to make a point that a license that is not valid according to state law, you don't compare the holders of those purportedly invalid licenses to children.  If they wanted to make the point effectively and not offensively, they could have said "underage applicants or applicants of consanguinity."  Point made.  No need to call them twelve-year-olds.  

      I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

      by ccyd on Thu Aug 29, 2013 at 09:48:46 AM PDT

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      •  I'd have used gun licenses as an example. (3+ / 0-)
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        Aunt Pat, terrypinder, ccyd

        I think your examples would have run into the same problem.  For personal reasons, I'm likely to avoid all comments on this suit, but the Governor's counsel has responded:

        We are deeply disturbed and disappointed by recent coverage of the same-sex marriage case which misrepresents the commonwealth's position in this matter.

        This case is a clear matter of law: Does a public official have the authority to disregard state law based on his own personal legal opinion about the constitutionality of a statute?

        Contrary to recent headlines, the administration does NOT equate same-sex marriage to the marriage of minors. Instead, the Commonwealth's legal brief, which totals 25 pages of detailed legal arguments, responds to an elected official in Montgomery County ignoring the law of the commonwealth. In one passing reference, the legal brief notes other individuals whose marriages are excluded by Pennsylvania law, would have no standing to intervene in this type of case – and in any other circumstance the court would never entertain that type of effort to expand the scope of a case....

        •  Pro-tip (1+ / 0-)
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          it is not a sign of good legal writing if you have to issue this press release.  It is the job of counsel to anticipate the likely reaction.

          It is also not a sign of good legal writing if the explanatory press release compares gays to minors again.  

          It is lastly not a sign of good legal writing to cite the quantity of the brief over the quality.  

          Difficult, difficult, lemon difficult.

          by Loge on Thu Aug 29, 2013 at 11:00:28 AM PDT

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      •  Hmm (1+ / 0-)
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        I'm not sure "this is just like incest" is a more polite version of their point.  

        It's the tone that bugs me - sarcastic and obnoxious, rather than just stating that the statutes are plain.

        •  If I did not make it clear, my bad (0+ / 0-)

          What I was trying to say is that there are other regulations outlined in the marriage law and that they are sui generis in that they are also prohibited.  Thus, you need only make a passing reference to them to make the same point.  I think Adam B.'s solution is far more artful than mine.  I think mine could be just the start of the usual parade of horribles Rick Santorum is infamous for.

          I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

          by ccyd on Thu Aug 29, 2013 at 12:37:57 PM PDT

          [ Parent ]

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