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PHILADELPHIA — Pennsylvania’s ban on gay marriage was overturned by a federal judge Tuesday in a decision that legalized same-sex unions throughout the Northeast and sent couples racing to pick up licenses.

U.S. District Judge John E. Jones III
declined to put his ruling on hold for a possible appeal by Republican Gov. Tom Corbett, so the order went into immediate effect. The governor did not immediately announce Tuesday whether he would appeal. However, state GOP chairman Rob Gleason said that an “activist” judge had usurped the power of the Legislature.

“It’s everything we had hoped for,” said Witold “Vic” Walczak, legal director of the American Civil Liberties Union of Pennsylvania.

County offices in Philadelphia stayed open late to handle marriage applications, while officials in Pittsburgh were closed for elections but were accepting them online.

If Jones’ decision stands, Pennsylvania would become the 19th state to legalize gay marriage, and 43 percent of Americans would live in a state with full marriage equality, according to the advocacy group Freedom to Marry.

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