Clerk Files Petition with Supreme Court to Halt Same-Sex Marriages In Pennsylvania

Theresa Santai-Gaffney, the Schuylkill County clerk, has petitioned the Supreme Court to put a stop to same-sex marriages in Pennsylvania, reports SCOTUS Blog.

Theresa Santai-GaffneyIn May, U.S. District Court Judge John E. Jones struck down Pennsylvania’s ban on gay marriage. Last month, Jones refused to allow the clerk to intervene so that she could appeal his decision.  On Thursday, the Third Circuit Court of Appeals barred Santai-Gaffney from the case and dismissed her appeal.

Santai-Gaffney‘s Supreme Court application is based on the argument that the court’s January order putting on hold temporarily a federal judge’s decision striking down the ban on same-sex marriage in Utah “signaled to all lower federal courts” that they must act “to preserve the enforcement of man-woman marriage laws” until the Court rules on the constitutionality of state bans on same-sex marriage.

Santai-Gaffney’s petition can only continue if Justice Samuel A. Alito or a Supreme Court majority allows her to intervene . Alito can also seek a response from challengers of the Pennsylvania ban before acting on the clerk’s application.

Read the Third Circuit Court of Appeals’ ruling on Santai-Gaffney’s petition to appeal the decision striking down Pennsylvania’s same-sex marriage ban, AFTER THE JUMP

14-3048 #70016 Summary Dismissal


  1. steve says

    How often do these people who refuse to do their job need to be slapped down. Not only no standing. But hell no.

  2. Another Steve says

    So sick of these glorified paper pushers thinking they have any authority. Clerks are little more than senior administrators.

  3. Esther Blodgett says

    Who is funding her? Petitions to the Supreme Court do not come free, and a County Clerk barely makes a living wage.

  4. AdamTh says

    A more relevant comparison of the Pennsylvania situation would be to Oregon, not Utah. In the Oregon case, SCOTUS refused to allow intervention after the Gov & AG declined to appeal the ruling – the same as the Gov & AG have done in Pennsylvania.

  5. AdamTh says

    @Esther Blodgett: “Who is funding her?” — Our fundinatic Christian friends at ADF.

  6. jason MacBride says

    This is right up there with Boner’s ridiculous lawsuit against the President. Both destined to have the same result.

  7. Friendly says

    What the F*** is wrong with this woman?! Give it a rest already! What’s her vested interest anyway?! – Maybe some heightened scrutiny would be in order to find out why this is so damned important to her that she just keeps coming back for more and more and more and more and…

  8. JackFknTwist says

    Oh I am so looking forward to Alito’s decision on this one.

    Ten to one, Alito is the new arch-conservative Opus Dei representative on SCOTUS.

  9. walter says

    it is her job to enforce the laws and carry out court orders . if she doesn’t like this she should resign and she had better not being using public funds to carry out her bigoted witch hunt.

  10. simon says

    The justice will take 2 seconds to read it and has it summarily dismissed. Can’t even imagine how the justices can read all the frivolous cases all over the country. It is more likely it is read by an assistant who filters out all the BS.

  11. simon says

    You did learn something. In some previous posts, you said clerks who issued marriage licenses in Wisconsin should be punished by the AG. Either you learned something or you have changed your mind.
    True she can’t be fired but she can be sued for not following the ruling of a judge which has neither been stayed or appealed. Hope you learn another thing. And next time you will get it right.