Whitewood v. Wolf

The district court's decision in May 2014 held that the Marriage Laws violated the Due Process and Equal Protection clauses of the United States Constitution.

"[7][8] On April 21, 2014, plaintiff same-sex couples filed a motion for summary judgment in Whitewood v. Wolf, which would allow the court to rule solely on the briefs without a trial.

[11] The ruling was not stayed and same-sex couples in Pennsylvania could request and receive marriage licenses immediately and marry after a mandatory 3-day waiting period.

[12][13] Anticipating legal maneuvers to stay Jones' ruling, dozens of same-sex couples applied for marriage licenses the same day and some obtained waivers of the state's three-day waiting period.

[16] On June 6, the Schuylkill County court clerk responsible for responding to marriage license applications, Theresa Santai-Gaffney, filed a motion before Judge Jones to allow her to intervene in the case in her official capacity.

[17] Judge Jones denied the motion on June 18, lamenting that a private citizen would use her public office to make a "wholly disingenuous" intervention.

Circuit Judge Patty Shwartz, in a two-sentence order, said such dismissal was warranted "[f]or essentially the reasons set forth in the Opinion of the District Court."

In her application, the clerk attempted to overcome not only the questions of her interest in intervening and standing to appeal, but that she, as a public official, is suffering irreparable harm.

The counsel of record in clerk Santai-Gaffney's litigation, as listed in court filings, is the Alliance Defending Freedom, a conservative Christian nonprofit organization.