Gay Marriage Legal Challenge - Guv Says He should be dropped from case if Att Gen is not defendent

http://www.law.com/jsp/pa/PubArticlePA.jsp?id=1202635723393&kw=Free%20Corbett%20From%20Gay-Marriage%20Case%2C%20Lawyers%20Say&et=editorial&bu=The%20Legal%20Intelligencer&cn=20140103&src=EMC-Email&pt=AM%20Legal%20Alert&slreturn=20140003103355

A number of gay couples were issued PA. marriage licenses and married through the work of a Montgomery Co. official. The PA Dept. of Health then said the marriages were invalid. Some of the persons then sued the state claiming discrimination. They sued Corbett, the Sec. of Health and Attyn. Gen. Kane.

Kane refused to defend the law, citing the recent US Supreme Ct. case on discrimination against gay persons. Under State law, the AG is allowed to turn over defense of state laws to the Governor's office for many different reasons. The gay couples then sought to relieve Kane as a defendant. Corbett has now filed legal papers saying that if Kane is no longer a defendant, then he should also be removed from the case.

Of course, Corbett is the guy who picked the lawyers and funded them to fight the lawsuit.

Excerpt:

"The Corbett administration, represented by lawyers from Lamb McErlane, fired back, saying in a response filed this week, "Joint petitioners argue that a discontinuance of the action against the attorney general would not cause unreasonable inconvenience, vexation, harassment, expense or prejudice to the governor. This is completely untrue."

The lawyers for Gov. Tom Corbett, a Republican, argued that dismissing only Kane, who is a Democrat, "implies a motive to inconvenience, harass and/or prejudice the governor with no legitimate justification."