State representatives signed a letter supporting a Schuylkill County official's effort to fight a federal court's ruling to overturn Pennsylvania's same-sex marriage ban.
On Tuesday, 20 House Republicans thanked Theresa Santai-Gaffney, register of wills and clerk of the orphans court, "for (her) courage and commitment of the rule of law," in the letter.
None of Schuylkill County's state representatives were among them.
On June 6, Santai-Gaffney's attorney in the case, Jim Smith of Smith Law Group, Kutztown, filed a motion with the U.S. District Court for the Middle District of Pennsylvania to intervene in the case of Whitewood v. Wolf. In that case, 21 Pennsylvania same-sex couples sued in federal court for the right to be married in Pennsylvania or to have the Commonwealth recognize their out-of-state marriages. In 1996, the state General Assembly passed the Defense of Marriage Act banning same-sex marriage, which was signed by Gov. Tom Ridge.
On May 20, U.S. District Judge John Jones, a Pottsville native, ruled the same-sex marriage ban unconstitutional. This can change if there is an appeal, but Gov. Tom Corbett said he will not appeal the case.
On Thursday, Santai-Gaffney said, "There's ways to change the laws, that process needs to be respected. It shouldn't be derailed by the decision of a single judge without an appeal. Centuries of tradition should not be overturned without the people having a say."
In the letter, the representatives oppose the issue's resolution by the courts, preferring it be resolved democratically, regardless of how they may feel about same-sex marriage itself.
"Like you, we strongly object to the federal court's action, which stripped the people of Pennsylvania of their right to express their collective judgment on the issue of marriage," the letter reads. "In a democratic system such as ours, the Legislature is the place for contentious social issues to be debated and decided. The proponents of 'same-sex marriage' think they can achieve a quick, easy victory by resorting to the federal courts. But they can gain no lasting victory unless rooted in the will of the people in Pennsylvania. The fact that they seek redress in the courts suggests that public support for 'same-sex marriage' is not as overwhelming as its proponents would have the public believe."
The letter was started by state Rep. Tim Krieger, R-Westmoreland, who said he was "disappointed the governor did not appeal the case." He said he started the letter because the representatives know that "when you stand by yourself, it gets kind of lonely."
State Reps. Mike Tobash, R-125, Jerry Knowles, R-124, and Neal Goodman, D-123, did not sign the letter.
"Theresa and I are from the same party and county. I chose to pick up the phone and give her a call and commend her for stepping forward and telling her I'm with her all the way," Knowles said. "I just felt more comfortable calling her on the phone and making it more personal."
Goodman said he did not sign because of his concern of the cost of the appeal.
"The Corbett administration has spent millions of dollars on Pennsylvania law before," Goodman said. "The Corbett administration admitted their legal opinion is that it's unwinnable. He also said he is not ready to condemn Schuylkill County tax payers to the repayment of an appeal if the case is chosen to go to the U.S. Supreme Court."
Tobash could not be reached for comment.
Meanwhile, an online petition has been created to have Santai-Gaffney drop the suit on www.ipetitions.com.
"This despicable act of injustice to go over the honorable U.S. District Court Judge John Jones III's ruling to overturn the gay marriage ban in Pennsylvania shall not be tolerated," according to the petition. It had 449 signatures with a goal of 1,000 at 5 p.m. Thursday.
Smith described what the next step would be for the court.
"After her motion to intervene is granted, Judge Jones will consider her Motion for a Stay (to maintain the status quo by enforcing Pennsylvania's marriage statutes while the case is waiting for a final decision by the appellate courts), and the case will be heard by the Third Circuit Court of Appeals," Smith said.
The letter was signed by Reps. Ryan Aument, R-Lancaster, Matt Baker, R-Bradford and Tioga, Bryan Cutler, R-Lancaster, Gordon Denlinger, R-Lancaster, Mindy Fee, R-Lancaster, Keith J. Greiner, R-Lancaster, Rob Kauffman, R-Cumberland and Franklin, Krieger, R-Westmoreland, John D. McGinnis, R-Blair, Daryl Metcalfe, R-Butler, Mark Mustio, R-Allegheny, Kathy Rapp, R-Forest, McKean and Warren, Brad Roae, R-Crawford, Todd Rock, R-Franklin, Rick Saccone, R-Allegheny and Washington, RoseMarie Swanger, R-Lebanon, Will Tallman, R-Adams and York, Jesse Topper, R-Bedford, Fulton and Huntingdon, Thomas R. Sankey III, R-Chester, and Jerry Stern, R-Blair.