US Supreme Court Samuel A. Alito, Jr. offers no comment in his denial of Clerk Theresa Santai-Gaffney's appeal
A Pennsylvania county clerk will not get a chance to defend the state’s same-sex ban to the Supreme Court.
According to SCOTUSblog, on 9 July Supreme Court Justice Samuel A. Alito, Jr. denied, without comment, Theresa Santai-Gaffney’s appeal of a lower court’s ruling.
The judge’s rejection seems to be the clerk’s final legal option.
In late May, US District Judge John E. Jones III struck down the state’s prohibition against marriage equality.
Governor Tom Corbett, a same-sex union opponent, elected not to fight the ruling, making Pennsylvania the 19th state where LGBTI couples can marry.
According to the Standard Speaker Santai-Gaffney, who is the Schuylkill County clerk of orphans court and register of wills, appealed Jones’ ruling.
‘Simply stated, Santai-Gaffney’s rights and duties are to comply with the current state of the law, and she may not exercise any independent judgment when issuing marriage licenses,’ Jones wrote last month, as reported by the Standard Speaker.
The clerk took her case to the 3rd Circuit Court of Appeals. On 3 July Judge Patty Shwartz essentially repeated what Jones ordered.
Santai-Gaffney’s maneuvers have not stopped LGBTI couples from marrying.