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<b><i>BREAKING NEWS:</i></b> First Challenge to Gay-Marriage Ban Headed for Trial

By Saranac Hale Spencer
November 15, 2013

The first challenge to Pennsylvania's ban on same-sex marriage appears headed to trial now that it has survived motions to dismiss.'

U.S. District Judge John E. Jones III of the Middle District of Pennsylvania rejected the argument advanced by the state officials named as defendants that the suit has to be dismissed under the U.S. Supreme Court's 1972 opinion in'Baker v. Nelson'for lack of subject-matter jurisdiction.'Whitewood v. Wolf,'13-cv-1861.

That short opinion had dismissed an appeal from the Supreme Court of Minnesota that upheld a state law banning same-sex marriages, saying that it didn't violate the due process and equal protection clauses of the Constitution.

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