Jump to content

Same-sex marriage in Pennsylvania

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by Billdanbury (talk | contribs) at 01:25, 13 September 2013. The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Part of the LGBT rights series
Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
See also
Notes
  1. KoN: Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
* Not yet in effect
LGBT portal

Pennsylvania does not recognize same-sex marriages, civil unions, or domestic partnerships.

Current law

Pennsylvania has had a statute defining marriage as the union of "one man and one woman" and banning the recognition of same-sex marriages from other jurisdictions since 1996:[1][2]

It is hereby declared to be the strong and longstanding public policy of this Commonwealth that marriage shall be between one man and one woman. A marriage between persons of the same sex which was entered into in another state or foreign jurisdiction, even if valid where entered into, shall be void in this Commonwealth.

Lawsuit

On July 9, 2013, following the U.S. Supreme Court decision in United States v. Windsor, the ACLU filed suit in federal District Court on behalf of 23 plaintiffs seeking to overturn Pennsylvania's 1996 statutory ban on same-sex marriage, Whitewood v. Corbett.[3] The trial was assigned to Judge John E. Jones III.[4] On July 11, Attorney General Kathleen Kane, a named defendant, said she would not defend the statute as she "endorse[d] equality and anti-discrimination laws" and the statute was "wholly unconstitutional".[5] On July 30, Governor Tom Corbett announced he would defend the statute.[6]

Montgomery County licenses, 2013

On July 23, following the Attorney General's decision, D. Bruce Hanes, Montgomery County's Register of Wills, announced he would issue marriage licenses to same-sex couples,[7] based on his reading of the state constitution.[8] He issued the first such marriage license on July 24 to Loreen M. Bloodgood and Alicia A. Terrizzi and by August 9 more than 100 same-sex couples received a marriage license.[9][10] On July 30, in Commonwealth v. Hanes [11] the Pennsylvania Department of Health filed a lawsuit in the Commonwealth Court against the county clerk for issuing the licenses that violated the state law declaring marriage between one man and one woman.[12] Oral arguments were held on September 4.[13] On September 12, the county clerk was ordered to stop issuing marriage licenses to same-sex couples, saying that only courts can decide whether a statute is constitutional or not.[14]

Same-sex marriage

Legislation to extend marriage to same-sex couples by amending the statute has been introduced in the Pennsylvania General Assembly several times. In May 2009, State Senator Daylin Leach introduced such a bill in the Senate.[15] State Representative Babette Josephs also introduced a similar bill in the House of Representatives. Both bills remained in committee.[16] In March 2013, Senator Leach introduced SB719.[17] In June 2013, Reps. Brian Sims and Steve McCarter, introduced a same-sex marriage bill in the house, following the US Supreme Court ruling.[18] On September 12, 2013, Judge Dan Pellegrini issued an order[19] to cease the issuance of marriage licenses to same-sex couples in Pennsylvania.

"Unless and until either the General Assembly repeals or suspends the Marriage Law provisions or a court of competent jurisdiction orders that the law is not to be obeyed or enforced, the Marriage Law in its entirety is to be obeyed and enforced by all Commonwealth public officials."

Civil unions

State Representative Mark B. Cohen introduced a bill in 2011 to provide for civil unions, but it died in committee.[20] He re-introduced it in the 2013 session, and the bill is pending.[21]

Attempts at constitutional ban

In Pennsylvania, a constitutional amendment requires approval by both houses of the state legislature in two successive two-year sessions by majority vote before going to voters in a referendum.[22]

In 2006, five state representatives, with Pennsylvania State Representative Scott W. Boyd as a main sponsor, introduced House Bill 2381, proposing an amendment to the Pennsylvania Constitution defining marriage as the union of one man and one woman.[23] The bill had 87 cosponsors and was approved June 6, 2006, on a vote of 136–61.[23] The Senate approved the bill 38–12 on June 21, 2006. The bill was referred to the Rules Committee in the House of Representatives on June 22, 2006, where no action was taken.[24]

In 2008, a similar bill with State Senator Mike Brubaker as its main sponsor, Senate Bill 1250, was approved by the Senate Judiciary Committee. It would have banned same-sex marriage and its "functional equivalent".[25] This language led to debate on whether the bill would not only ban same-sex marriage and civil unions, but also prevent hospital visitation, employer health benefits and recognition of a will for same-sex couples.[25] The bill was laid on the table on May 6, 2008 because the House of Representatives in the State Government Committee would not allow Senate Bill 1250 to be considered by the committee in a timely manner. Senator Brubaker requested the bill be laid aside. The Senate agreed to the motion by voice vote.[26]

In 2010, State Senator John Eichelberger introduced Senate Bill 707.[27] This proposed amendment failed in the Judiciary Committee, when all 5 Democrats and 3 Republicans voted to table the amendment, opposed by 6 Republicans.[28]

In 2011, State Representative Daryl Metcalfe introduced House Bill 1434 with 36 cosponsors on May 3.[29] It was referred to the Committee of State Government. The bill would amend the state constitutional to ban same-sex marriage and any substantial equivalent.[30] On March 13, 2012, opponents of the bill claimed victory when Metcalfe delayed a committee vote on the legislation.[16]

In 2013, he reintroduced the bill with 27 cosponsors on May 7, the lowest number of cosponsors the bill has had when introduced.[31]

Local domestic partnerships

Further information: Cities and counties in the United States offering a domestic partnership registry

While domestic partnerships are not offered statewide, the city of Philadelphia offers 'life partnerships' in the case of a "long-term committed relationship between two unmarried individuals of the same gender who are residents of the City of Philadelphia; or one of whom is employed in the City, owns real property in the City, owns and operates a business in the City, or is a recipient of or has a vested interest in employee benefits from the City of Philadelphia."[32][33] The city of Pittsburgh also provides domestic partnerships.[34] County employees in Luzerne County are required to identify if they are in a domestic partnership, which is explicitly defined as being between people of the same gender.[35]

Public opinion

An April 2011 Public Policy Polling (PPP) survey found that when Pennsylvania voters were asked to choose option between same-sex marriage, civil unions, or no legal recognition of homosexual relationships, 30% supported same-sex marriage, 33% supported civil unions, and 35% opposed all legal recognition. 2% were not sure.[36]

A July 2011 PPP survey found 38% that of Pennsylvania voters thought that same-sex marriage should be legal, while 51% thought it should be illegal and 11% were not sure. A separate question again asked voters to choose one option, 32% supported same-sex marriage, 36% supported civil unions, and 31% opposed all legal recognition. 1% were unsure.[37]

An August 2011 Franklin & Marshall survey found that 50% of Pennsylvanians supported a constitutional amendment to legalize same-sex marriage, while 42% opposed it and 8% were not sure. A separate question on the same survey found that 62% of respondents supported a law legalizing civil unions for same-sex couples, while 34% opposed it and 5% were not sure.[38]

A November 2011 PPP survey found that 36% of Pennsylvania voters thought that same-sex marriage should be legal, while 52% thought it should be illegal and 12% were not sure. A separate question again asked voters to choose one option; 29% supported same-sex marriage, 35% supported civil unions, 33% opposed all legal recognition, 1% were not sure.[39]

A May 2012 PPP survey found that 39% of Pennsylvania voters thought that same-sex marriage should be legal, while 48% thought it should be illegal and 13% were unsure. A separate question again asked voters to choose one option, 35% supported same-sex marriage, 33% supported civil unions, and 28% opposed all legal recognition, 3% were unsure.[40]

A June 2012 Franklin & Marshall survey found that 48% of Pennsylvanians supported a constitutional amendment to legalize same-sex marriage, while 49% viewed it unfavorable. A separate question on the same survey found that 63% of respondents favored a law legalizing civil unions for same-sex couples, while 33% viewed it unfavorable. That is a 6% and 5% jump in each category from 2009. The unfavorable rating also has dropped, from 52% to 49% for same-sex marriage, and from 37% to 33% for civil unions.[41]

A September 2012 Muhlenberg College survey found that 44% of Pennsylvanians believed same-sex marriage being legal, while 45% wanted same-sex marriage to be illegal, with 11% unsure.[42]

A January 2013 Quinnipiac University poll found that 47% supported same sex marriage, while 43% were opposed to the idea. The poll also found that white Catholics in the state supported same sex marriage by a 50/40 margin. The poll also found that white Protestants in the state opposed same sex marriage by a 60/31 margin.[43]

A January 29 – February 3, 2013 Franklin & Marshall College poll found that 52% supported same sex marriage, while 41% were opposed.[44][45]

A March 2013 PPP survey found that 45% of Pennsylvanians supported same-sex marriages and 47% opposed them; asked on the question of marriage or civil unions for same-sex couples in the state, over 74% of respondents indicated support for either (with 38% supporting marriage rights and 36% supporting civil unions but not marriage), with only 24% of respondents opposed to any civil recognition of same-sex couples and 2% not sure.[46]

A May 2013 Franklin & Marshall College poll found that 54% supported same sex marriage, while 41% were opposed.[47]

See also

References

  1. ^ Gabriel, Trip (July 9, 2013). "A.C.L.U. Sues Pennsylvania Over Ban on Gay Marriage". New York Times. Retrieved July 12, 2013.
  2. ^ Pennsylvania Consolidated Statues: § 1704. Marriage between persons of the same sex., accessed July 12, 2013
  3. ^ "A.C.L.U. Lawsuit Aims to Overturn Pennsylvania's Ban on Gay Marriage". New York Times. July 9, 2013.
  4. ^ Lord, Rich (July 10, 2013). "Judge named to handle case trying to legalize gay marriage in Pennsylvania". Pittsburgh Post-Gazette. Retrieved July 11, 2013.
  5. ^ Eilperin, Juliet (July 11, 2013). "Pa. attorney general says she won't defend state's gay marriage ban". Washington Post. Retrieved July 11, 2013.
  6. ^ Lindstrom, Natasha (July 30, 2013). "Corbett to defend Pennsylvania's gay marriage ban". Herald-Standard (Uniontown). Retrieved July 30, 2013.
  7. ^ Parks, Jessica (July 23, 2013). "Montgomery County will issue same-sex marriage licenses". Pittsburgh Post Gazette. Retrieved July 24, 2013.
  8. ^ "Pennsylvania county clerk goes rogue for marriage equality". July 25, 2013.
  9. ^ Gibbons, Margaret (July 24, 2013). "Same sex couples receiving marriage licenses in Montco in defiance of state ban". phillyburbs.com. Retrieved July 24, 2013.
  10. ^ "Montco issues 100th license to same-sex couple". Philly.com. August 11, 2013.
  11. ^ Pa. Commonwealth Court Docket No. 379 M.D. 2013, accessible here.
  12. ^ Cole, Jeff and Shawnette Wilson (July 30, 2013). "Pennsylvania Sues To Stop Montco's Same-Sex Marriage Licenses". Philadelphia, PA: WTXF-TV. Retrieved July 30, 2013.
  13. ^ "Pa. court to hear gay marriage arguments on Sept. 4". Observer Reporter. August 20, 2013.
  14. ^ "County clerk in Pennsylvania ordered to stop issuing marriage licenses to same-sex couples". Equality on Trial. September 12, 2013.
  15. ^ Barnes, Tom (May 28, 2009). "Senator pushes bill to allow same-sex marriage". Pittsburgh Post-Gazette.
  16. ^ a b Worden, Amy (March 15, 2012). "Gay-marriage bills stalled in Pennsylvania". The Philadelphia Inquirer. Retrieved April 4, 2012.
  17. ^ Senate Bill 719, Regular Session 2013-2014
  18. ^ "Gay marriage bill introduced in state House". Philly. June 27, 2013. Retrieved July 12, 2013.
  19. ^ "Commonwealth of Pennsylvania, Department of Health v. D. Bruce Hanes, in his official capacity as the Clerk of the Orphans' Court of Montgomery County" (PDF). September 13, 2013. Retrieved September 13, 2013.
  20. ^ Bill Information for HB 708, 2011–2012 session.
  21. ^ Bill Information for HB 1178, 2013–2014 session.
  22. ^ "Pennsylvania Constitution". Pennsylvania General Assembly. Retrieved January 24, 2009.
  23. ^ a b Barnes, Tom (June 7, 2006). "Pa. House passes gay marriage ban". Pittsburgh Post-Gazette. Retrieved January 24, 2009.
  24. ^ "The Pennsylvania General Assembly". Legis.state.pa.us. March 20, 2006. Retrieved December 1, 2011.
  25. ^ a b Barnes, Tom (March 19, 2008). "Panel OKs constitutional ban on gay marriage". Pittsburgh Post-Gazette. Retrieved January 24, 2009.
  26. ^ "The Pennsylvania General Assembly". Legis.state.pa.us. March 18, 2008. Retrieved December 1, 2011.
  27. ^ "The Pennsylvania General Assembly". Legis.state.pa.us. Retrieved December 1, 2011.
  28. ^ "The Pennsylvania Senate - Senate Committee Roll Call Votes". Legis.state.pa.us. March 16, 2010. Retrieved December 1, 2011.
  29. ^ "The Pennsylvania General Assembly". Legis.state.pa.us. Retrieved December 1, 2011.
  30. ^ "Regular Session 2011-2012 House Bill 1434 P.N. 1724". Legis.state.pa.us. May 3, 2011. Retrieved December 1, 2011.
  31. ^ "Bills against gay bias on move in Harrisburg". philly.com. May 8, 2013. Retrieved May 9, 2013.
  32. ^ Philadelphia City Code § 9-1102.
  33. ^ "Domestic Partnerships". Phila.gov. June 7, 1996. Retrieved December 1, 2011.
  34. ^ "Ravenstahl Signs Legislation For Domestic Partner Registry". Thepittsburghchannel.com. June 22, 2008. Retrieved December 1, 2011.
  35. ^ By Michael P. Buffer (Staff Writer). "County code compels same-sex couples to identify relationship - News". Citizens Voice. Retrieved June 21, 2012.
  36. ^ "Pennsylvanians favor civil unions for gay couples" (PDF). Retrieved June 21, 2012.
  37. ^ Pennsylvania supports Civil Unions at record breaking 36% http://www.publicpolicypolling.com/pdf/PPP_Release_PA_714.pdf
  38. ^ "Survey of Pennsylvanians: Summary of Findings" (PDF). Retrieved June 21, 2012.
  39. ^ Pennsylvania still supports Civil Unions http://www.publicpolicypolling.com/pdf/2011/PPP_Release_PA_1129513.pdf
  40. ^ "PA blacks shift quickly in favor of gay marriage". Public Policy Polling. Retrieved May 23, 2012.
  41. ^ "Poll: Corbett Net Loss, Gay Marriage Net Gain" (PDF). June 6, 2012. Retrieved August 31, 2012.
  42. ^ "Muhlenberg College/Morning Call 2012 Pennsylvania Presidential" (PDF). September 28, 2012. Retrieved December 25, 2012.
  43. ^ "Pennsylvania Voters Want Stricter Gun-Control, Quinnipiac University Poll Finds; Voters Lean Slightly To Same-Sex Marriage". Quinnipiac University. Retrieved January 30, 2013.
  44. ^ Franklin & Marshall College Poll
  45. ^ New Poll Shows Majority in Pennsylvania Support Marriage Equality
  46. ^ "Support for gay marriage in Pennsylvania on the rise". Public Policy Polling. March 13, 2013.
  47. ^ Franklin & Marshall College Poll

External links

Retrieved from "https://en.wikipedia.org/w/index.php?title=Same-sex_marriage_in_Pennsylvania&oldid=572698253"