Is gay marriage legal in pennsylvania
Federal Court Strikes Down Pennsylvania’s Prohibition of Same-Sex Marriage
Federal Court Strikes Down Pennsylvania’s Prohibition of Gay 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 permit same-sex couples to get married and must recognize the marriages of gay 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 seek an appeal, Pennsylvania now becomes the nineteenth mention to recognize and allow same-sex marriage (the District of Columbia also recognizes same-sex marriage). Pennsylvania also follows the trend established in seven additional states where judges contain struck down legislative marriage bans.
The issue in Whitewood concerned the constitutionality of Section 1102 and Section 1704 of the Pennsylvania Local Relations Code. Section 1102 of the Domestic Relations Code defined marriage as between one guy and one chick, 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 retort 12 of the most frequently asked questions about lgbtq+ marriage and divorce rights in Pennsylvania. It will describe the current legal status of gay marriage and divorce in the articulate, and provide intuition on the legal process associated with same-sex marriage and divorce in Pennsylvania. The article will also provide proposals on where to go for assistance and resources if needed. By the end, readers should have a surpass understanding of homosexual marriage and divorce rights in Pennsylvania and how to navigate the legal process.
When did male lover 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 gay 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 dude 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 regulation.
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 afternoon, 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 Execute (DOMA) 23 Pa.C.S.A. §1704 does not allow 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 related only to the Federal Government’s recognition of same sex marriages entered into legally under a State’s laws.
Pennsylvania’s DOMA is currently being challenged on Constitutional grounds of Equal Protection and Due Process. If this test is successful Pennsylvania will be required to let 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, Unused Jersey and New York) as well as Washington D.C. allow same sex marriage.
Presently any disputes regarding real estate and personal property are handled as civil actions with regard to personal property and actions in equity for disputes regarding real estate and do not plummet under Pennsylvania’s Divorce Code. This means that even s