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Tom Corbett Can't Be Sued On Pennsylvania Gay Marriage Ban, Lawyer Claims

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TOM CORBETT PENNSYLVANIA GAY MARRIAGE
Tom Corbett, governor of Pennsylvania, speaks during an interview in New York, U.S., on Thursday, Dec. 6, 2012. Corbett intends to propose a pension overhaul in his 2014 spending plan, for the year that begins in July, according to a report. Photographer: Scott Eells/Bloomberg via Getty Images | Getty File
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HARRISBURG, Pa. — HARRISBURG, Pa. (AP) — A lawyer for Pennsylvania Gov. Tom Corbett says he and his state health secretary cannot be sued in federal court over the state's ban on same-sex marriages.

In a brief filed Monday in U.S. District Court in Harrisburg, William Lamb urged that the claims against Corbett in a pending lawsuit be dismissed. He says the U.S. Constitution prohibits lawsuits against state officials from being filed in federal court without their consent.

Lamb also says claims against Corbett and Health Secretary Michael Wolf should be dismissed because case law holds that federal courts have no jurisdiction over cases like this.

The lawsuit was filed in July on behalf of 23 men, women and children. It was the first of a growing number of legal challenges to Pennsylvania's same-sex marriage law.

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