A U.S. Supreme Court justice has rejected a Schuylkill County clerk's bid to stop gay marriages in Pennsylvania while she tries to get standing in a legal case to stop them permanently.
Without comment, Justice Samuel Alito on Wednesday rejected an appeal by Register of Wills and Orphans' Court Clerk Theresa Santai-Gaffney. The clerk can appeal to another justice, however.
Santai-Gaffney said Wednesday she is "brokenhearted" about the news and has not yet given up the fight.
"We are contemplating what our next step should be," she said.
Despite the most recent setback, she said, "I still feel confident. It's the right side of the law. It's what should have transpired in the beginning."
This is the latest blow to Santai-Gaffney after the U.S. 3rd Circuit Court of Appeals struck down her appeal of a lower court's rejection of her bid to intervene in defense of Pennsylvania's same-sex marriage ban. Gaffney is trying to appeal U.S. District Judge John E. Jones III's May ruling that struck down the ban. Gov. Tom Corbett, whose administration defended the law before Jones, has declined to appeal Jones' ruling, prompting Santai-Gaffney's suit.
Jones ruled in June that Santai-Gaffney didn't have standing in the case.
"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 in June.
Third Circuit Court Judge Patty Shwartz in an order filed July 3 said, "For essentially the reasons set forth in the Opinion of the District Court, the order denying the motion to intervene is summarily affirmed and the appeal is dismissed. Appellant's motion for stay pending appeal is dismissed as moot."
Santai-Gaffney has two weeks to decide whether to file for a rehearing with the U.S. 3rd Circuit Court.
"This case has involves serious constitutional issues and we deserve to be heard," she said.
Santai-Gaffney said she expected obstacles and is prepared to confront them.
"I've never surrendered," she said.