According to a press release from the Smith Law Group of Berks County, Pennsylvania,
“Theresa Santai Gaffney, Clerk of the Orphan’s Court, is seeking intervention in the case so that the ruling can be appealed to the U.S. Court of Appeals for the Third Circuit. Governor Corbett, who had been defending the law, declined to appeal the ruling. “An appeal is necessary so that the judicial process is not abandoned,” stated Ms. Gaffney. “The people of Pennsylvania deserve to hear from the Court of Appeals on this important issue because a single judge should not be able to nullify the will of the majority without an appeal.”
As President of ME4PA, I completely disagree with her decision to appeal. She is right to say that Governor Corbett is no longer defending the law, but for reasons similar to the Hollingsworth v. Perry case, also known as California’s Proposition 8 case, the parties that appealed that case lacked standing to present the case before the court. While Ms. Gaffney is welcome to attempt an appeal, we at ME4PA agree wholeheartedly with the conclusions of law reached by Judge John Jones III. As long as Governor Corbett’s legal team realized that an appeal of the case would be a fruitless expense, then further discussion from the Schuylkill County’s Clerk is a waste of taxpayer resources. We encourage her to reconsider her case, and continue to uphold the law, as directed by the Court.