Civil Liberties

PA Gay Marriage Ban To Be Challenged in Court

Probably won't be the last one standing

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Pennsylvania's ban on gay marriage is fair game for a federal court challenge, a judge decided Friday, in a 10-page order that sets the stage for a landmark trial that could come early next year.

U.S. District Judge John E. Jones III repudiated the state's argument that a 1972 decision put the issue off limits for federal jurists, and denied a series of motions to dismiss the challenge. The state may appeal that order, but advocates for same-sex marriage said the judge's decision was not likely to be overturned. That means the case would proceed into discovery, potential further motions and then a prompt trial.