Kathleen Kane, Pennsylvania Attorney General, Will Not Defend State's Gay Marriage Ban

07/11/2013 12:46 pm ET | Updated Jul 11, 2013

Pennsylvania Attorney General Kathleen Kane (D) announced Thursday that she would not defend the state's gay marriage ban against a lawsuit filed by the American Civil Liberties Union.

"I cannot ethically defend the constitutionality of Pennsylvania's version of DOMA as I believe it to be wholly unconstitutional," she said at a press conference at the National Constitution Center in Philadelphia.

The ACLU had named Kane, Gov. Tom Corbett (R) and three other state officials in a lawsuit. The case is being brought by 23 plaintiffs, including 10 LGBT couples, two children of another such couple, and a woman who lost her same-sex partner after 29 years together.

The suit follows the Supreme Court decision declaring the federal Defense of Marriage Act unconstitutional. The ACLU is also challenging same-sex marriage bans in North Carolina and Virginia.

Corbett's office recently said that the governor supports the state's gay marriage ban, which passed the legislature in 1996.

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