Gov. Tom Corbett at Dow Chemical’s new research-and-development facility in Collegeville, Pa. earlier this year.
Gov. Tom Corbett at Dow Chemical's new research-and-development facility in Collegeville, Pa. earlier this year. (AP Photo)

HARRISBURG - A lawyer for Gov. Tom Corbett says he and state Health Secretary Michael Wolf cannot be sued in federal court over Pennsylvania'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 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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