Professor Jules Lobel Quoted By Post-Gazette On PA’s Same-Sex Marriage Case
The Pittsburgh Post-Gazette recently sought comment from Pitt Law Professor Jules Lobel on the PA Supreme Court case concerning the constitutionality of the state’s 18-year-old same-sex marriage ban. The case be close to a quick ruling this May by U.S. District Judge John E. Jones III of the Middle District of Pennsylvania. According to the Post-Gazette, if the judge opts to decide the case on the motions, he could do so any time after the May 12 deadline for reply briefs.
Prof. Lobel told the Post-Gazette that the state faces “rough sledding” in making a case against same-sex marriage.
“The rational basis test has not proven in the last 10 years or so to be a savior for the states” that are defending bans on same-sex marriage, Lobel said to the Post-Gazette.
Courts have tended to rule that "pandering to the prejudices of the citizenry is not a rational basis for legislation,” Lobel said.