Harrisburg, PA (WBNG Binghamton) A law effectively banning same sex marriage in Pennsylvania is resulting in a lawsuit against Governor Tom Corbett and Attorney General Kathleen Kane.
But Thursday the commonwealth's top law enforcement officials said she wants no part in it.
"I cannot ethically defend the constitutionality of Pennsylvania's version of DOMA (Defense of Marriage Act) where I believe it to be wholly unconstitutional," said Kane.
Although it's the attorney general's duty to defend the constitutionality of state laws, Pennsylvania law also allows the attorney general to allow lawyers for the governor's office to defend a lawsuit if it's in the state's best interests.
Kane said she could not ethically defend a measure promoting discrimination against a certain part of the population.
“It is our duty, each and every one of us, to protect the constitutionality, to protect the rights and dignity of others, and to protect the equality of all men and women in this commonwealth,” said Kane.
Corbett's office isn't commenting on the lawsuit