IN THE UNITED STATES DISTRICT COURTFOR THE EASTERNDISTRICT OF PENNSYLVANIACARA PALLADINO, and ISABELLE BARKER,::Plaintiffs::No. 2:13-CV-5641v.::(Judge McLaughlin)THOMAS CORBETT, in his official capacity as Governor of Pennsylvania, and his successors in office; and KATHLEEN KANE, in her official capacity as Attorney General of Pennsylvania, and her successors in office,:::::::Electronically Filed DocumentDefendants.:DEFENDANT KATHLEEN KANE’S COMBINED REPLY BRIEF IN SUPPORT OF THE MOTION TO DISMISS ALL CLAIMS AGAINST HER AND BRIEF IN OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENTAGAINST GENERAL KANEI.STATEMENT OF THE CASE
This is a civil rights action brought by a same-sex couple who was legally married in the Commonwealth of Massachusetts while residing there. Plaintiffs, who are now Pennsylvania residents, challenge the constitutionality of Pennsylvania’s marriage law, 23 Pa. C.S. §§ 1101,
,to the extent that it prohibits recognition of same-sex marriages legally entered into in jurisdictions outside of Pennsylvania.
23 Pa.C.S. §1704. Plaintiffs allege that section 1704 of the marriage law violates the Full Faith and Credit Clause andthe Fourteenth Amendment of the United States Constitution. Under the Fourteenth Amendment they assert violations of their right to travel, their right to due process and their right to equal protection.Defendants, Governor Thomas W. Corbett and Attorney General Kathleen Kane, have separately filed motions to dismiss the complaint against them. Defendant Kane’s motion was
Case 2:13-cv-05641-MAM Document 35 Filed 02/14/14 Page 1 of 9