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ARTICLE · 09 JUNE 2014

A Candid Conversation With PA Attorney General Kathleen Kane, Part 4

Fox Rothschild LLP
Fox Rothschild LLP
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This is part 4 of 4 of my candid conversation with Pennsylvania Attorney General Kathleen Kane.

United StatesLitigation, Mediation & Arbitration
Wendy Rothstein
Wendy Rothstein
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This is part 4 of 4 of my candid conversation with Pennsylvania Attorney General Kathleen Kane. Part 1 was posted on Tuesday, Part 2 on Wednesday and part 3 yesterday.

There was a recent decision issued by Judge Jones in the Eastern District of Pennsylvania striking down Pennsylvania's Defense of Marriage Act or DOMA.  Your office made a decision not to defend that lawsuit and referred it to the Governor's General Counsel.  What was the basis for that decision?

As lawyers we have to operate under the rules of professional conduct and where I am discharged with the duties of representing the Governor, being his lawyer and the Secretary of health, being his lawyer, in a court of law, I was bound by my ethics, by the ethical rules, to delegate that case to another lawyer because the Governor and I and the Secretary of Health and I had a fundamental difference and that fundamental difference was the basis of the lawsuit.  I believed DOMA to be

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