Is gay marriage legal in pennsylvania

Federal Court Strikes Down Pennsylvania’s Prohibition of Same-Sex Marriage

On May 20, 2014, the Federal District Court for the Middle District of Pennsylvania announced that Pennsylvania’s prohibition of same-sex marriage is unconstitutional. With this case, Whitewood v. Wolf, the Court held that Pennsylvania must allow lgbtq+ couples to get married and must recognize the marriages of same-sex couples validly performed in other jurisdictions as valid under the laws of the Commonwealth.

With this decision and the announcement that the Defendants will not pursue an appeal, Pennsylvania now becomes the nineteenth express to recognize and grant same-sex marriage (the District of Columbia also recognizes same-sex marriage). Pennsylvania also follows the trend established in seven additional states where judges have struck down legislative marriage bans.

The issue in Whitewood concerned the constitutionality of Section 1102 and Section 1704 of the Pennsylvania Home Relations Code. Section 1102 of the Domestic Relations Code defined marriage as between one man and one woman, while Section 1

Same-Sex Marriage and Divorce Rights in Pennsylvania

Same-sex marriage and divorce rights in Pennsylvania can be confusing and overwhelming. This article will acknowledge 12 of the most frequently asked questions about queer marriage and divorce rights in Pennsylvania. It will clarify the current legal status of queer marriage and divorce in the mention, and provide understanding on the legal process associated with same-sex marriage and divorce in Pennsylvania. The article will also provide ideas on where to go for assistance and resources if needed. By the end, readers should have a excel understanding of gay marriage and divorce rights in Pennsylvania and how to navigate the legal process.

When did queer marriage became legal in Pennsylvania?

On May 20, 2014, Pennsylvania became the 19th state to legalize same-sex marriage. The move came after an order from U.S. District Evaluate John E. Jones III, who declared Pennsylvania’s ban on same-sex marriage unconstitutional and struck down the state’s 1996 law prohibiting queer marriage.

The ruling was the result of a lawsuit brought in 2013 by the American Civil Liberties Union (ACLU) and Gay and Lesbian Advocates and Def

Until May 2014, same sex marriage was illegal in Pennsylvania. The 1996 Marriage Law define marriage as being between a male and a woman. However on 23 July 2013, D. Bruce Hanes, Register of Wills in Montgomery County, Pennsylvania announced that his office would issue marriage licenses to same sex couples, in defiance of the statute.

A same sex couple had contacted Hanes and asked him for a marriage license, prompting him to examine further the ban on same sex marriage. In addition, the US Supreme Court had just overturned the Defense of Marriage Act weeks earlier. Hanes concluded that the marriage law was unconstitutional and stated, “there are provisions of the Pennsylvania constitution that I think are diametrically opposed to the marriage law.” Thus he decided to issue licenses to same sex couples, believing to be firmly “on the right side of history.”

Same sex couples in Pennsylvania greeted the announcement with enthusiasm. The next daytime, 24 July, five couples from various counties around Pennsylvania came to Montgomery County to obtain marriage licenses from Hanes. Over the coming weeks, Hanes continued to issue marriage licenses to couples. Couples filled the benches every

Status of Same Sex Marriage in Pennsylvania

Same Sex Marriage is currently prohibited in Pennsylvania. In addition Pennsylvania’s Defense of Marriage Act (DOMA) 23 Pa.C.S.A. §1704 does not consent marriages entered into legally in another state to be recognized in Pennsylvania.

The U.S. Supreme Court recently struck down portions of the Federal version of DOMA. This akin only to the Federal Government’s recognition of same sex marriages entered into legally under a State’s laws.

Pennsylvania’s DOMA is currently entity challenged on Constitutional grounds of Identical Protection and Due Process. If this challenge is prosperous Pennsylvania will be required to permit same sex marriages to take place in Pennsylvania and will have to recognize legal marriages from other States. Currently four (4) of Pennsylvania’s neighboring states (Delaware, Maryland, New Jersey and New York) as well as Washington D.C. allow identical sex marriage.

Presently any disputes regarding authentic estate and personal property are handled as civil conduct with regard to personal property and actions in equity for disputes regarding real estate and do not collapse under Pennsylvania’s Divorce Code. This means that even s