When PA Governor Corbett decided not to appeal a district-court ruling striking down the state’s same-sex-marriage ban, it looked like CA3 would be shut out of the historic legal fight over same-sex-marriage.
But not entirely–yesterday the court got to decide a minor related issue. When the Governor chose not to appeal, a county clerk responsible for issuing marriage licenses sought to intervene to appeal. The district court denied the motion, reasoning that the clerk was bound by his ruling and lacked standing to appeal it.
In a two-sentence order, CA3 summarily affirmed for essentially the reasons given by the district court. The order was signed by Shwartz, with Fuentes and Jordan also on the panel.
Brown v. Board it ain’t. But the clerk reportedly has vowed to seek Supreme Court review, so maybe CA3 will get its chance yet.