Yesterday, May 20, 2014, a federal judge struck down Pennsylvania’s ban on marriage for same-sex couples, ruling that it unconstitutionally discriminates against lesbians and gay men. Judge Jones’s order directs the Commonwealth to permit same-sex couples to marry and to recognize valid out-of-state marriages.
The lawsuit, Whitewood v. Wolf, was filed on behalf of a widow, 11 couples who wish to marry in Pennsylvania or want the Commonwealth to recognize their out-of-state marriages (one of these couples is from Northampton County), and two teenage children of one of the plaintiffs’ couples.
The plaintiffs challenged the 1996 law which banned same-sex marriage on two bases — it violated both their due process rights and equal protection rights as guaranteed by the 14th Amendment of the United States Constitution. Judge Jones found that the fundamental right to marry encompasses the right to marry a person of one’s own sex and that this fundamental right is infringed by Pennsylvania law which defines marriage as between one man and one woman. Judge Jones further found that discrimination based on sexual orientation requires what Courts call “heightened scrutiny”. The Court applied this standard when examining the arguments of the state in support of the law and did not find the state’s arguments persuasive. Therefore, he held that the Pennsylvania marriage laws violated the principles of equal protection.
The ruling does not include a stay pending appeal. Therefore, same-sex couples can begin marrying immediately. The Commonwealth, however, has thirty (30) days from May 20, 2014, to decide whether to appeal Judge Jones’s opinion. As a result of this opinion, many questions still remain unanswered. Will this decision be retroactive? Will a stay be granted which will lengthen the litigation? Is second-parent adoption still necessary in Pennsylvania? The questions that are now answered are, for the time being, same-sex couples can get married and they can also get divorced under the Pennsylvania Divorce Code.
Should you have any questions concerning the Whitewood v. Wolf decision and how this impacts your relationship, please contact your legal counsel or one of the attorneys at KingSpry.
Lehigh Valley Family Law is a publication of the KingSpry Family Law Practice Group. It is meant to be informational and does not constitute legal advice. Our editor-in-chief is Donald F. Spry, II.
