Same-sex marriage in Pennsylvania

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Same-sex marriage has been legally recognized in Pennsylvania since May 20, 2014, when a U.S. federal district court judge ruled that the state's 1996 statutory ban on recognizing same-sex marriage was unconstitutional. [1] Governor Tom Corbett announced the following day that he would not appeal the decision. Pennsylvania had previously prohibited the recognition of same-sex marriage by statute since 1996, but had never added such a ban to its State Constitution.

Contents

Efforts to legalize same-sex marriage in Pennsylvania in 2009 and 2013 were unsuccessful due to opposition from conservative members of the General Assembly. The state has also never recognized civil unions or domestic partnerships which would have provided couples with a subset of the rights and benefits of marriage. Pennsylvania was the eighteenth U.S. state, the nineteenth U.S. jurisdiction (after the District of Columbia), and the last in the Northeastern United States to legalize same-sex marriage. [2]

Statutes

Restrictions

On May 8, 1996, Representative Allan Egolf introduced legislation to the Pennsylvania House of Representatives to ban same-sex marriages and refuse to recognize marriages performed in other states. The bill bypassed the House Judiciary Committee in the hopes of speeding its passage before the next election. On June 28, the House considered a bill to amend Pennsylvania statutes to allow for grandparents to adopt grandchildren over the objections of their parents. Representative Egolf introduced an amendment to this bill that paralleled his anti-marriage bill. The Republican-controlled House voted to add this anti-marriage amendment to the adoption bill. The vote on the amendment was 177–16. An effort to rule it unconstitutional failed by a vote of 171 to 29. The bill, which had already passed the Senate, was sent back for a concurrence vote. After this vote, the House recessed for the summer. On October 1, the Republican-controlled Senate voted 43–5 to concur with the anti-marriage language added by the House. [3] Governor Tom Ridge signed the act into law on October 8. [4] [5] [6] The same year, the United States Congress passed the Defense of Marriage Act (DOMA; Pennsylvania Dutch: Ksetz zum Schutz vun der Ehe), which banned federal recognition of same-sex marriages. [7]

Representative Malcolm Kenyatta introduced a bill to repeal the ban in 2021, but it failed to pass before the end of the legislative session. [8] A similar bill was introduced in 2023 by representatives Kenyatta, Danilo Burgos, Jessica Benham, and Jamie Flick. [9] A new bill was introduced in May 2024 with 39 sponsors. [10] [11] [12] It passed the House on July 2 by a vote of 133–68, and now awaits a vote in the Senate. [13] [14]

Efforts to recognize same-sex marriage

Several attempts to recognize same-sex marriages failed in the General Assembly, but failed while the Republican Party had majorities in either the Senate or House of Representatives.

Legislation to extend marriage rights to same-sex couples by amending state statutes has been introduced to the General Assembly several times. In May 2009, Senator Daylin Leach introduced such a bill to the Senate. [15] Representative Babette Josephs also introduced a similar bill to the House of Representatives. Both bills remained in committee, and died at the end of the legislative session. [16] In March 2013, Senator Leach introduced Senate Bill 719, [17] and in June 2013 representatives Brian Sims and Steve McCarter introduced a same-sex marriage bill to the House, following the U.S. Supreme Court's ruling in United States v. Windsor . [18] Both bills died at the end of the legislative session, however.

Attempts to pass constitutional ban

In Pennsylvania, a constitutional amendment requires approval by both chambers of the General Assembly in two successive two-year sessions by majority vote before going to voters in a referendum. [19]

In 2006, five state representatives, with Representative Scott W. Boyd as a main sponsor, introduced House Bill 2381, proposing an amendment to the Constitution of Pennsylvania defining marriage as "the union of one man and one woman". [20] The bill had 87 cosponsors and was approved on June 6, 2006 on a vote of 136–61. [20] The Senate approved the bill 38–12 on June 21, 2006. It was referred to the Rules Committee in the House of Representatives on June 22, 2006, where no action was taken. [21] In 2008, a similar bill with 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". [22] 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 care benefits and recognition of a will for same-sex couples. [22] The bill was laid on the table on May 6, 2008 because the House of Representatives would not allow it to be considered by the State Government Committee in a timely manner. Senator Brubaker requested the bill be laid aside. The Senate agreed to the motion by a voice vote. [23]

In 2010, Senator John Eichelberger introduced Senate Bill 707 to ban same-sex marriages in the State Constitution. [24] This proposed amendment failed in the Judiciary Committee, when all 5 Democrats and 3 Republicans voted to table the amendment against the opposition of 6 Republicans. [25] On May 3, 2011, Representative Daryl Metcalfe introduced House Bill 1434 with 36 cosponsors. [26] It was referred to the State Government Committee. The bill would have constitutionally banned same-sex marriage and any substantial equivalent. [27] On March 13, 2012, opponents of the bill claimed victory when Metcalfe delayed a committee vote on the legislation. [16] Metcalfe reintroduced the bill with 27 cosponsors on May 7, 2013, the lowest number of cosponsors the bill had had when introduced. [28] The measure was unsuccessful and died at the end of the legislative session.

Federal lawsuits

Whitewood v. Wolf

On July 9, 2013, following the U.S. Supreme Court's decision in United States v. Windsor , the American Civil Liberties Union (ACLU) filed a lawsuit in the U.S. District Court for the Middle District of Pennsylvania on behalf of 23 plaintiffs—10 couples, 2 of their children, and a widow—seeking to overturn Pennsylvania's 1996 statutory ban on same-sex marriage. [29] Attorney General Kathleen Kane, a named defendant, said that she would not defend the statute, [30] but Governor Tom Corbett announced he would. [31] On May 20, 2014, Judge John E. Jones III ruled that Pennsylvania's same-sex marriage ban violated the Constitution of the United States. [32] The ruling was not stayed and same-sex couples in Pennsylvania could request and receive marriage licenses immediately and marry after a mandatory 3-day waiting period. [33] Anticipating legal maneuvers to stay Jones' ruling, dozens of same-sex couples applied for marriage licenses the same day and some obtained waivers of the state's three-day waiting period. The first couple to marry, Jess Garrity and Pamela VanHaitsma, did so on May 21 in Pittsburgh. [34] [35] Governor Corbett announced on May 21 that he would not appeal Judge Jones' decision, effectively making Pennsylvania the 19th U.S. state to recognize same-sex marriage. [36]

The Schuylkill County Clerk of Orphans' Court, Theresa Santai-Gaffney, responsible for responding to marriage license applications, repeatedly sought to intervene to defend the statute without success. She was rebuffed by Judge Jones, [37] the Third Circuit Court of Appeals, [38] U.S. Supreme Court Associate Justice Samuel Alito, [39] and again by the Third Circuit. [40] [41] The president of the Pennsylvania Family Institute decried the court ruling, "What Judge Jones has done is extralegal, going beyond what the law or the constitution requires and the fact that he is allowing, or apparently allowing, same-sex marriage licenses to be distributed immediately undermines the Democratic process." The ACLU issued the following statement, "Another wonderful day for liberty and justice for all in Pennsylvania." Attorney General Kane said, "Our commonwealth progressed today and so have the hopes and dreams of many who suffer from inequality. Today, in Pennsylvania, the constitution prevailed." Senator Bob Casey Jr. also welcomed the court decision, "This was the right decision and is a step forward for equality in our commonwealth and in the nation." [42]

Palladino v. Corbett

On September 26, 2013, a same-sex couple lawfully married in Massachusetts filed suit in the U.S. District Court for the Eastern District of Pennsylvania, seeking to require that Pennsylvania recognize out-of-state marriages between same-sex partners as valid. The couple also sought a declaration that the statute outlawing in-state same-sex marriage be declared unconstitutional. The case was assigned to U.S. District Judge Mary A. McLaughlin. The defendants, Governor Corbett and Attorney General Kane, filed motions to dismiss that November and December, respectively, with the plaintiffs responding in January 2014. The case was styled Palladino v. Corbett after first-named defendant Governor Corbett. [43] On January 17, 2014, a group called the Philadelphia Metro Task Force, opposed to same-sex marriage recognition in Pennsylvania, sought to intervene in the lawsuit. This group alleged that, in allowing same-sex marriage, "reverse discrimination is threatened amidst a continual omission of religious and moral freedom." Judge McLaughlin denied the group's motion to intervene on March 4, 2014, because they "do not identify a sufficient interest they might have at stake in this litigation, nor do they demonstrate why their interests are not adequately represented by an existing party." She also denied the group amicus curiae status, meaning they could not file a brief as a non-party to the case. [43]

Oral arguments for summary judgment in the case were held on May 15. [44] The case was rendered moot on May 21 when Governor Corbett decided not to appeal the decision in Whitewood v. Wolf, and as a result, same-sex marriage commenced throughout Pennsylvania. [45] On both May 22 and 28, Judge Mary McLaughlin ordered the plaintiff couples to show cause why their case should not be dismissed because of mootness. Judge McLaughlin issued an order on September 8 suspending further proceedings until "expiration of the deadline to petition the U.S. Supreme Court for a writ of certiorari in Whitewood." [46] After the Whitewood decision allowed the Palladino plaintiffs to lawfully marry in Pennsylvania, and the state defendants stipulated "that they will take no steps to deprive Plaintiffs of the benefits accorded by the validity and recognition of their marriage under Pennsylvania law", Judge McLaughlin ordered the case voluntarily dismissed as moot on October 22, 2014. [47]

State lawsuits

DeSanto v. Barnsley

In 1981, John DeSanto sued his former partner William Barnsley, claiming in DeSanto v. Barnsley that since Pennsylvania recognized common-law marriages, their long-term relationship should likewise be recognized as such. In May 1984, the Superior Court of Pennsylvania ruled against him and dismissed the case, stating that the issue was a matter for the General Assembly to decide. [48] [49]

Commonwealth v. Hanes, Cucinotta v. Commonwealth, and Ballen v. Wolf

In July 2013, shortly after Attorney General Kathleen Kane declined to defend Pennsylvania's prohibition of same-sex marriage in U.S. district court, [50] D. Bruce Hanes, the Montgomery County Register of Wills and Clerk of Orphans' Court, announced he would issue marriage licenses to same-sex couples. He interpreted his Orphans' Court's position as a judicial one and found that denying same-sex couples marriage licenses as the statutes required would violate their rights under the State Constitution. [51] [52] [53] Between July 24 and August 9, 2013, he issued marriage licenses to more than 100 same-sex couples. A week later, the Pennsylvania Department of Health filed a lawsuit with the Commonwealth Court to enjoin Hanes from issuing any more such licenses. [54] [55]

The lead state court case was Commonwealth v. Hanes. [56] Oral arguments were held on September 4, 2013. [57] On September 12, 2013, Judge Dan Pellegrini ordered Hanes to stop issuing marriage licenses to same-sex couples "[u]nless 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". [58] Hanes had issued 174 licenses to same-sex couples before the court issued its order. He appealed the decision to the Supreme Court of Pennsylvania. [59] Couples who received a marriage license from Hanes filed an amicus curiae brief on his behalf with the Supreme Court on December 2, 2013. In the brief, the couples noted that the court never ruled on the substantive issue of same-sex marriage. [60]

On September 6, 2013, in Cucinotta v. Commonwealth, a same-sex couple in Chester County filed a petition with the Commonwealth Court asking the court to find Pennsylvania's restrictions on same-sex marriage unconstitutional. [61] On September 25, 2013, a group of 42 individuals who were married with licenses issued by Montgomery County Clerk Hanes petitioned the Commonwealth Court in Ballen v. Corbett, later restyled Ballen v. Wolf, after the parties agreed that the defendant would be Pennsylvania's Secretary of Health Michael Wolf rather than Governor Corbett. The petitioners sought to overturn the state's same-sex marriage ban on the grounds that it violated both the state and federal constitutions. [62] [63]

The cases pending in the Commonwealth Court were rendered moot on May 21 when Governor Corbett decided not to appeal the decision in Whitewood v. Wolf, which left in place the order ending enforcement of Pennsylvania's denial of marriage rights to same-sex couples. [45] On September 30, Judge Dan Pellegrini approved an agreement between the parties in Ballen v. Wolf and ordered the case dismissed. The agreement provided that the Ballen petitioners and similarly-situated intervening parties are married under state law as of the May 20 order in Whitewood, even though the petitioners had received marriage licenses from Clerk Hanes and/or solemnized their marriages before that date. [64]

Economic impact

Historical marker in Philadelphia commemorating the reporting of the Philadelphia Gay News on the HIV/AIDS epidemic and raising visibility for LGBT rights and same-sex marriage Philadelphia Gay News Historical Marker at 233 S 13th St Philadelphia PA (DSC 4784).jpg
Historical marker in Philadelphia commemorating the reporting of the Philadelphia Gay News on the HIV/AIDS epidemic and raising visibility for LGBT rights and same-sex marriage

A study from the University of California, Los Angeles (UCLA) found that allowing same-sex couples to marry in Pennsylvania would add nearly $100 million to the state's economy. [65] [66] Total spending related to weddings and wedding-related tourism would account for up to $92 million in the first three years, and state and local tax revenues were expected to increase by up to $5 million. Additionally, up to 1,142 new full-time and part-time jobs were expected to be created by the additional economic activity. [65]

Demographics and marriage statistics

The Pennsylvania Department of Health records the number of marriages performed each year, but does not distinguish between different-sex and same-sex marriages in its data. [67] A 2016 study by the United States Department of the Treasury showed that Philadelphia, Harrisburg, Pittsburgh, Lancaster and Allentown were the Pennsylvania cities with the highest proportion of same-sex marriages. [68]

2017 estimates from the United States Census Bureau showed that there were about 32,700 same-sex households in Pennsylvania. This represented an increase compared to 2016 (about 32,400 households), 2015 (about 31,400 households) and 2014 (about 28,700 households). The bureau estimated that 58.6% of same-sex couples living in the state in 2017 were married. [69] The 2020 U.S. census showed that there were 21,782 married same-sex couple households (9,837 male couples and 11,945 female couples) and 18,508 unmarried same-sex couple households in Pennsylvania. [70]

Public opinion

Public opinion for same-sex marriage in Pennsylvania
Poll sourceDates administeredSample sizeMargin of errorSupportOppositionDo not know / refused
Public Religion Research Institute March 9 – December 7, 2023 956 adults± 0.82%166%31%3%
Public Religion Research Institute March 11 – December 14, 2022  ? ?68%29%3%
Public Religion Research Institute March 8 – November 9, 2021  ? ?69%28%3%
Public Religion Research Institute January 7 – December 20, 2020 2,053 adults ?69%24%7%
Public Religion Research Institute April 5 – December 23, 2017 3,278 adults ?64%27%9%
Public Religion Research Institute May 18, 2016 – January 10, 2017 4,610 adults ?60%32%8%
Public Religion Research Institute April 29, 2015 – January 7, 2016 3,753 adults ?55%36%9%
Public Religion Research Institute April 2, 2014 – January 4, 2015 2,515 adults ?56%37%7%
The Morning Call/Muhlenberg College November 19 – December 10, 2014503 adults± 6.0%62%32%6%
Public Policy Polling May 30 – June 1, 2014835 registered voters± 3.4%48%44%8%
Quinnipiac University February 19–24, 20141,405 registered voters± 2.6%57%37%6%
Public Religion Research Institute November 12 – December 18, 2013277 adults± 7.6%61%35%4%
Franklin & Marshall College April 30 – May 5, 2013526 voters± 4.3%54%41%5%
Public Policy Polling March 8–10, 2013504 voters± 4.4%45%47%8%
Franklin & Marshall College January 29 – February 3, 2013622 registered voters± 3.9%52%41%7%
Quinnipiac University January 22–27, 20131,221 registered voters± 2.8%47%42%11%
The Morning Call/Muhlenberg College September 22–26, 2012427 likely voters± 5.0%44%45%11%
Franklin & Marshall College May 29 – June 4, 2012412 voters± 4.8%48%49%3%
Public Policy Polling May 17–20, 2012671 voters± 3.8%39%48%13%
Public Policy Polling November 17–20, 2011500 voters± 4.4%36%52%12%
Franklin & Marshall College August 22–29, 2011525 adults± 4.3%50%42%8%
Public Policy Polling June 30 – July 5, 2011545 voters± 4.2%38%51%11%

Notes:

Various polls have been commissioned by participants in the same-sex marriage debate. The poll results reflect different question wording and sampling. An April 2011 Public Policy Polling (PPP) survey found that when Pennsylvania voters were asked to choose between same-sex marriage, civil unions, or no legal recognition of same-sex relationships, 30% supported same-sex marriage, 33% supported civil unions and 35% opposed all legal recognition, while 2% were undecided. [71] In July 2011, in a separate question offering voters the option of civil unions, 32% of respondents supported same-sex marriage, 36% supported civil unions and 31% opposed all legal recognition, while 1% were unsure. [72] In November 2011, the PPP showed that 29% of voters supported same-sex marriage, 35% supported civil unions and 33% opposed all legal recognition, while 3% were not sure. [73] In May 2012, the same polling organization showed that 35% of voters supported same-sex marriage, 33% supported civil unions and 28% opposed all legal recognition, while 4% were unsure. [74]

The August 2011 Franklin & Marshall College survey found that 50% of Pennsylvania respondents 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 4% were not sure. [75] The June 2012 Franklin & Marshall College survey found that 48% of Pennsylvania respondents supported a constitutional amendment to legalize same-sex marriage, while 49% were against such an amendment, an increase of 6% in support since 2009. A separate question on the same survey found that 63% of respondents favored a law legalizing civil unions for same-sex couples, while 33% were against such a law, an increase in support of 5% since 2009. [76]

The January 2013 Quinnipiac University poll showed that 47% supported same-sex marriage, while 43% were opposed to the idea. The poll also found that white Catholics supported same-sex marriage by a 50–40 margin, while white Protestants opposed same-sex marriage by a 60–31 margin. [77] The March 2013 PPP survey found that 45% of Pennsylvania voters supported same-sex marriages, while 47% were opposed. 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 for same-sex couples. 2% of respondents were undecided. [78]

See also

Related Research Articles

<span class="mw-page-title-main">Same-sex marriage in the United States</span>

The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.

This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.

Same-sex marriage has been legally recognized in Oregon since May 19, 2014, when Judge Michael J. McShane of the U.S. District Court for the District Court of Oregon ruled in Geiger v. Kitzhaber that Oregon's 2004 state constitutional amendment banning same-sex marriages discriminated on the basis of sexual orientation in violation of the Equal Protection Clause of the U.S. Constitution. A campaign that was then under way to win voter approval of a constitutional amendment legalizing same-sex marriage was suspended following the decision. In July 2015, Governor Kate Brown signed legislation codifying same-sex marriage in various Oregon statutes. The law change went into effect on January 1, 2016.

In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.

<span class="mw-page-title-main">Same-sex marriage in Hawaii</span>

Same-sex marriage has been legal in Hawaii since December 2, 2013. The Hawaii State Legislature held a special session beginning on October 28, 2013, and passed the Hawaii Marriage Equality Act legalizing same-sex marriage. Governor Neil Abercrombie signed the legislation on November 13, and same-sex couples began marrying on December 2, making Hawaii the fifteenth U.S. state to legalize same-sex marriage. Hawaii also allows both same-sex and opposite-sex couples to formalize their relationships legally in the form of civil unions and reciprocal beneficiary relationships. Civil unions provide the same rights, benefits, and obligations of marriage at the state level, while reciprocal beneficiary relationships provide a more limited set of rights. When Hawaii's civil union law took effect at the start of 2012, same-sex marriages established in other jurisdictions were considered civil unions in Hawaii.

Same-sex marriage has been legally recognized in Wisconsin since October 6, 2014, upon the resolution of a lawsuit challenging the state's ban on same-sex marriage. On October 6, the U.S. Supreme Court refused to hear an appeal of an appellate court ruling in Wolf v. Walker that had found Wisconsin's ban on same-sex marriage unconstitutional. The appellate court issued its order prohibiting enforcement of the state's ban on same-sex marriage the next day and Wisconsin counties began issuing marriage licenses to same-sex couples immediately. Wisconsin had previously recognized domestic partnerships, which afforded limited legal rights to same-sex couples, from August 2009 until they were discontinued in April 2018.

Same-sex marriage has been legally recognized in Illinois since a law signed by Governor Pat Quinn on November 20, 2013 took effect on June 1, 2014. Same-sex marriage legislation was introduced in successive sessions of the Illinois General Assembly from 2007 to 2013. It passed the Senate in February 2013, but legislators delayed a vote in the House while lobbying for votes until November 5, 2013, when the House passed an amended version of the bill by a narrow margin. The Senate quickly approved the amended bill and Governor Quinn signed it into law on November 20. The law went into effect (statewide) on June 1, 2014, with same-sex couples able to apply for marriage licenses and then marry after the mandatory one-day waiting period. Illinois was the nineteenth U.S. state to legalize same-sex marriage.

Same-sex marriage has been legally recognized in Wyoming since October 21, 2014. The U.S. state of Wyoming had previously prohibited state recognition of same-sex marriages by statute since 1977 and had enacted a more explicit ban in 2003. An attempt to enact legislation recognizing domestic partnerships as an alternative to marriage for same-sex couples failed in 2013. On October 17, 2014, a federal district court found the state's ban on same-sex marriage unconstitutional. Its ruling took effect on October 21 when state officials notified the court that they would not appeal the decision.

Same-sex marriage has been legal in Utah since October 6, 2014. On December 20, 2013, the state began issuing marriage licenses to same-sex couples as a result of the U.S. District Court for the District of Utah's ruling in the case of Kitchen v. Herbert, which found that barring same-sex couples from marrying violates the U.S. Constitution. The issuance of those licenses was halted during the period of January 6, 2014 until October 6, 2014, following the resolution of a lawsuit challenging the state's ban on same-sex marriage. On that day, following the U.S. Supreme Court's refusal to hear an appeal in a case that found Utah's ban on same-sex marriage unconstitutional, the Tenth Circuit Court of Appeals ordered the state to recognize same-sex marriage.

Same-sex marriage has been legally recognized in North Carolina since October 10, 2014, when a U.S. District Court judge ruled in General Synod of the United Church of Christ v. Cooper that the state's denial of marriage rights to same-sex couples was unconstitutional. Governor Pat McCrory and Attorney General Roy Cooper had acknowledged that a recent ruling in the Fourth Circuit Court of Appeals and the U.S. Supreme Court's decision not to hear an appeal in that case established the unconstitutionality of North Carolina's ban on same-sex marriage. State legislators sought without success to intervene in lawsuits to defend the state's ban on same-sex marriage. North Carolina was the 28th U.S. state to legalize same-sex marriage.

Same-sex marriage has been legally recognized in Indiana since October 6, 2014. The state had previously restricted marriage to different-sex couples by statute in 1986. Legislation passed in 1997 denied recognition to same-sex relationships established in other jurisdictions. A lawsuit challenging the state's refusal to grant marriage licenses to same-sex couples, Baskin v. Bogan, won a favorable ruling from the U.S. District Court for the Southern District of Indiana on June 25, 2014. Until the Seventh Circuit Court of Appeals granted an emergency stay of the district court's ruling on June 27, most Indiana counties issued marriage licenses to same-sex couples. The Seventh Circuit affirmed the district court's ruling in Baskin on September 4. A ruling in Bowling v. Pence stated that the state must recognize same-sex marriages performed out-of-state and the decision was stayed until the Seventh Circuit ruled on the merits in similar cases. It also stated that the ruling would remain stayed if the circuit court stayed its decision in the related cases.

<span class="mw-page-title-main">LGBTQ rights in Colorado</span>

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<span class="mw-page-title-main">LGBTQ rights in Pennsylvania</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Pennsylvania enjoy most of the same rights as non-LGBTQ people. Same-sex sexual activity is legal in Pennsylvania. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. Pennsylvania was the final Mid-Atlantic state without same-sex marriage, indeed lacking any form of same-sex recognition law until its statutory ban was overturned on May 20, 2014.

<span class="mw-page-title-main">LGBTQ rights in Missouri</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Missouri may experience some legal challenges that non-LGBTQ residents do not. Same-sex sexual activity is legal in Missouri, in accordance with 2003's Lawrence v. Texas decision. In 2006, Missouri codified the legality of same-sex sexual activity into its statutory law.

This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.

Same-sex marriage has been legal in Texas since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Previously, the U.S. state of Texas had banned same-sex marriage both by statute since 1973 and in its State Constitution since 2005. On February 26, 2014, Judge Orlando Luis Garcia of the U.S. District Court for the Western District of Texas found that Texas's ban on same-sex marriages was unconstitutional. On April 22, 2014, a state court came to the same conclusion. Both cases were appealed. The district court's decision was appealed to the Fifth Circuit Court of Appeals, but before that court could issue a ruling, the U.S. Supreme Court struck down all same-sex marriage bans in the United States in Obergefell on June 26, 2015. Within a few months of the court ruling, all counties had started issuing marriage licenses to same-sex couples, except for Irion County, which announced in 2020 that it would begin issuing licenses to same-sex couples, making it the last county in the United States to comply with the ruling.

Same-sex marriage has been legal in Tennessee since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Governor Bill Haslam quickly announced that the state would abide by the court's decision, and same-sex couples began to marry in Tennessee. Previously, Tennessee had banned same-sex marriage both by statute and its State Constitution.

Same-sex marriage has been legal in Virginia since October 6, 2014, following the decision of the U.S. Supreme Court not to hear an appeal of the Fourth Circuit Court of Appeals' ruling in Bostic v. Schaefer. Same-sex marriages subsequently began at 1:00 p.m. on October 6 after the Fourth Circuit issued its mandate, and since then Virginia has performed legal marriages of same-sex couples and recognized out-of-state same-sex marriages. Previously, the state had passed a statute prohibiting same-sex marriage in 1975, and further restrictions were added in 1997 and 2004, which made "void and unenforceable" any arrangements between same-sex couples bestowing the "privileges or obligations of marriage". Voters approved an amendment to the Constitution of Virginia reinforcing the existing laws in 2006. On January 14, 2014, a U.S. district court judge ruled in Bostic that Virginia's statutory and constitutional ban on the state recognition of same-sex marriages were unconstitutional, a decision upheld by the Fourth Circuit on July 28, 2014.

<i>Whitewood v. Wolf</i>

Whitewood v. Wolf is the federal lawsuit that successfully challenged the Pennsylvania Marriage Laws, as amended in 1996 to ban same-sex marriage. The district court's decision in May 2014 held that the Marriage Laws violated the Due Process and Equal Protection clauses of the United States Constitution. Same-sex couples immediately sought and received marriage licenses and the decision was not appealed. One county clerk sought repeatedly without success to intervene to defend the law.

In the United States, the history of same-sex marriage dates from the early 1940s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention though they proved unsuccessful. However marriage wasn't a request for the LGBTQ movement until the Second National March on Washington for Lesbian and Gay Rights in Washington (1987). The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Baehr v. Miike that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the Defense of Marriage Act.

References

  1. ↑ Botelho, Greg (May 20, 2014). "Federal judge rules same-sex marriage ban in Pennsylvania is unconstitutional". CNN. Retrieved May 21, 2014.
  2. ↑ Heller, Karen (October 24, 2013). "Pennsylvania stands alone on yet another issue". Philly.com. Archived from the original on February 18, 2014. Retrieved December 3, 2013.
  3. ↑ "Since Pennsylvania's gay marriage ban in 1996, minds have changed". Associated Press. July 13, 2013. Retrieved May 21, 2014.
  4. ↑ Geidner, Chris (May 21, 2014). "Former Pennsylvania Gov. Tom Ridge Says Current Governor "Needs Some Support" For Marriage Decision". Buzzfeed. Retrieved July 7, 2014.
  5. ↑ Western Pennsylvania Endorsees of the Marriage Resolution
  6. ↑ SENATE DEMOCRATIC WRAP-UP FOR THE 1995-1996 LEGISLATIVE SESSION
  7. ↑ Shearman, Lisa (February 2014). "What is DOMA and how it affects Pennsylvania residents" (PDF). Hamburg, Rubin, Mullin, Maxwell & Lupin, PC.
  8. ↑ Bannister, Pat (May 20, 2021). "Same-sex marriage is legal in Pennsylvania, but some of its laws are stuck in the past". Abc27.
  9. ↑ Brownworth, Victoria (April 20, 2023). "Pa. legislators hope to expand statewide protections for LGBTQ community". Philadelphia Gay News.
  10. ↑ Cole, John (May 7, 2024). "PA LGBTQ+ Equality Caucus pushes to codify marriage equality protections into state law". Pennsylvania Capital-Star.
  11. ↑ "PA HB2269 2023-2024 Regular Session". LegiScan. Retrieved May 9, 2024.
  12. ↑ DelBel, Antoinette (May 20, 2024). "Same-sex marriage legalization marks 10 years in PA, local lawmaker works to remove threats". Yahoo! News.
  13. ↑ Lyons, Kim (July 2, 2024). "Pennsylvania House advances same-sex marriage equality bill". Pennsylvania Capital-Star.
  14. ↑ "Bill taking Pennsylvania's same-sex marriage ban off the books clears state House". TribLIVE. July 2, 2024.
  15. ↑ Barnes, Tom (May 28, 2009). "Senator pushes bill to allow same-sex marriage". Pittsburgh Post-Gazette .
  16. 1 2 Worden, Amy (March 15, 2012). "Gay-marriage bills stalled in Pennsylvania". The Philadelphia Inquirer . Archived from the original on October 22, 2013. Retrieved April 4, 2012.
  17. ↑ "Senate Bill 719, Regular Session 2013-2014". Legis.state.pa.us. October 1, 2013. Retrieved December 2, 2013.
  18. ↑ "Gay marriage bill introduced in state House". Philly. June 27, 2013. Retrieved July 12, 2013.
  19. ↑ "Pennsylvania Constitution". Pennsylvania General Assembly. Archived from the original on July 27, 2010. Retrieved January 24, 2009.
  20. 1 2 Barnes, Tom (June 7, 2006). "Pa. House passes gay marriage ban". Pittsburgh Post-Gazette . Retrieved January 24, 2009.
  21. ↑ "The Pennsylvania General Assembly". Legis.state.pa.us. March 20, 2006. Retrieved December 1, 2011.
  22. 1 2 Barnes, Tom (March 19, 2008). "Panel OKs constitutional ban on gay marriage". Pittsburgh Post-Gazette . Retrieved January 24, 2009.
  23. ↑ "The Pennsylvania General Assembly". Legis.state.pa.us. March 18, 2008. Retrieved December 1, 2011.
  24. ↑ "The Pennsylvania General Assembly". Legis.state.pa.us. Retrieved December 1, 2011.
  25. ↑ "The Pennsylvania Senate - Senate Committee Roll Call Votes". Legis.state.pa.us. March 16, 2010. Retrieved December 1, 2011.
  26. ↑ "The Pennsylvania General Assembly". Legis.state.pa.us. Retrieved December 1, 2011.
  27. ↑ "Regular Session 2011-2012 House Bill 1434 P.N. 1724". Legis.state.pa.us. May 3, 2011. Retrieved December 1, 2011.
  28. ↑ "Bills against gay bias on move in Harrisburg". philly.com. May 8, 2013. Archived from the original on June 30, 2013. Retrieved May 9, 2013.
  29. ↑ "A.C.L.U. Lawsuit Aims to Overturn Pennsylvania's Ban on Gay Marriage". The New York Times . July 9, 2013. Retrieved November 18, 2013.
  30. ↑ Eilperin, Juliet (July 11, 2013). "Pa. attorney general says she won't defend state's gay marriage ban". The Washington Post . Retrieved July 11, 2013.
  31. ↑ Lindstrom, Natasha (July 30, 2013). "Corbett to defend Pennsylvania's gay marriage ban". Herald-Standard (Uniontown). Retrieved July 30, 2013.
  32. ↑ "Federal judge strikes down gay marriage ban in Pennsylvania". Reuters. May 20, 2014. Retrieved May 20, 2014.
  33. ↑ Fox News (May 20, 2014). "Pa. same-sex couples rush to get marriage licenses after judge overturns marriage ban" . Retrieved May 21, 2014.
  34. ↑ Riely, Kaitlynn (May 21, 2014). "Allegheny County marries its first same-sex couple amid smiles, tears". Pittsburgh Post-Gazette . Archived from the original on May 26, 2014. Retrieved July 25, 2014.
  35. ↑ Madej, Patricia (May 23, 2014). "Wedding bells ring at art museum steps for same-sex couple". Philadelphia Magazine. Retrieved July 25, 2014.
  36. ↑ "Pennsylvania governor: I won't appeal court's gay marriage ruling". The Guardian . Associated Press. May 21, 2014.
  37. ↑ John E. Jones III (June 18, 2014). "Memorandum and order, Whitewood v. Wolf, No. 1:13-CV-1861" (PDF). Court. U.S. District Court for the Middle District of Pennsylvania. Archived from the original (PDF) on June 22, 2014. Retrieved June 18, 2014.
  38. ↑ Marchiano, Amy (July 5, 2014). "County official vows appeal after same-sex marriage setback". The Standard Speaker. Hazelton, PA.
  39. ↑ Associated Press (July 9, 2014). "Justice Alito denies clerk's bid to halt same-sex marriage in Pennsylvania". LBGTQ Nation.com.
  40. ↑ Middleton, Josh (July 18, 2014). "Theresa Santai-Gaffney Strikes Again, Filing an 'En Banc' Motion With the Third Circuit". Philadelphia Magazine. Retrieved July 24, 2014.
  41. ↑ Shwartz, Patty (August 4, 2014). "Sur Petition for Rehearing Whitewood v. Secretary Pa. Dep't of Health, No. 14-3048" (PDF). U.S. Court of Appeals for the Third Circuit . PACER Document 3111697838. Scribd.com.
  42. ↑ "Reaction to Pennsylvania's gay marriage ruling". The Reporter. May 20, 2014.
  43. 1 2 "Memorandum Opinion, Palladino v. Corbett. Civil Action No. 13-5641". March 4, 2014.
  44. ↑ Roebuck, Jeremy (May 15, 2014). "Federal court hears case on recognizing same-sex marriage". The Philadelphia Inquirer . Archived from the original on May 23, 2014. Retrieved May 23, 2014.
  45. 1 2 Coulombilis, Angela; Warden, Amy (May 22, 2014). "U.S. judge strikes down same-sex marriage ban in Pa". The Philadelphia Inquirer . Archived from the original on May 23, 2014. Retrieved May 23, 2014.
  46. ↑ McLaughlin, Mary (September 8, 2014). "Order (Suspending Proceedings), Palladino v. Corbett, No. 13-5641". U.S. District Court for the Eastern District of Pennsylvania . Plainsite.org. PACER Document 80.
  47. ↑ McLaughlin, Mary (October 22, 2014). "Stipulated Order of Voluntary Dismissal, Pallidino v. Corbett, No. 2:13-cv-05641-MAM". U.S. District Court for the Eastern District of Pennsylvania . Scribd.com.
  48. ↑ "Legal Marriage Court Cases — A Timeline". www.buddybuddy.com. Retrieved August 7, 2022.
  49. ↑ "DeSanto v. Barnsley". H2O Classroom Tools. Retrieved November 13, 2022.
  50. ↑ Eilperin, Juliet (July 11, 2013). "Who is Kathleen Kane?". The Washington Post . Retrieved August 8, 2013.
  51. ↑ Parks, Jessica (July 23, 2013). "Montgomery County will issue same-sex marriage licenses". Pittsburgh Post-Gazette . Retrieved July 24, 2013.
  52. ↑ "Pennsylvania county clerk goes rogue for marriage equality". July 25, 2013.
  53. ↑ Gibbons, Margaret (July 24, 2013). "Same sex couples receiving marriage licenses in Montco in defiance of state ban". phillyburbs.com. Archived from the original on July 29, 2013. Retrieved July 24, 2013.
  54. ↑ "Montco issues 100th license to same-sex couple". Philly.com. August 11, 2013. Archived from the original on October 22, 2013.
  55. ↑ Cole, Jeff; Wilson, Shawnette (July 30, 2013). "Pennsylvania Sues To Stop Montco's Same-Sex Marriage Licenses". Philadelphia, PA: WTXF-TV. Archived from the original on August 1, 2013. Retrieved July 30, 2013.
  56. ↑ "Montgomery County Same-Sex Marriage Licenses". Cases of Public Interest. The Unified Judicial System of Pennsylvania. Archived from the original on May 31, 2014. Retrieved May 22, 2014.
  57. ↑ "Pa. court to hear gay marriage arguments on Sept. 4". Observer Reporter. August 20, 2013. Archived from the original on October 20, 2013.
  58. ↑ "County clerk in Pennsylvania ordered to stop issuing marriage licenses to same-sex couples". Equality on Trial. September 12, 2013.
  59. ↑ Jackson, Peter (December 2, 2013). "Montco clerk urges state to allow him to issue gay marriage licenses". The Mercury. Retrieved December 3, 2013.
  60. ↑ "Brief of Amicus Curiae Same-Sex Couples, Commonwealth v. Hanes" (PDF). Supreme Court of Pa., Docket No. 77 MAP 2013. December 2, 2013.
  61. ↑ Cucinotta v. Commonwealth
  62. ↑ "Brief of Respondent Wolf, Ballen v. Wolf" (PDF). Pennsylvania Commonwealth Court, Docket No. 481 M.D. 2013. February 18, 2014. Archived from the original (PDF) on March 14, 2014. Retrieved March 14, 2014.
  63. ↑ "New court challenge from 21 couples filed to overturn gay marriage ban". PennLive. September 25, 2013.
  64. ↑ Pellegrini, Dan (September 30, 2014). "Stipulation of Settlement and Dismissal, Ballen v. Wolf, No. 481 MD 2013". Pennsylvania Commonwealth Court . Scribd.com.
  65. 1 2 "Estimating the Economic Boost of Marriage for Same-Sex Couples in Pennsylvania" (PDF). UCLA. Retrieved May 25, 2014.
  66. ↑ "Same-sex marriage will add nearly $100 million to Pennsylvania's economy". UPI. Retrieved May 25, 2014.
  67. ↑ "Marriage and Divorce Statistics 2018" (PDF). Pennsylvania Department of Health. June 2019.
  68. ↑ "Which areas in Pennsylvania have the highest percentage of same-sex marriages?". pennlive.com. September 2016.
  69. ↑ "Characteristics of Same-Sex Couple Households: 2005 to Present". census.gov.
  70. ↑ "PCT1405 Couple Households, By Type". United States Census Bureau. Retrieved December 11, 2023.
  71. ↑ "Pennsylvanians favor civil unions for gay couples" (PDF). Retrieved June 21, 2012.
  72. ↑ Pennsylvania supports Civil Unions at record breaking 36%
  73. ↑ Pennsylvania still supports Civil Unions
  74. ↑ "PA blacks shift quickly in favor of gay marriage". Public Policy Polling. May 23, 2012. Retrieved May 23, 2012.
  75. ↑ "Survey of Pennsylvanians: Summary of Findings" (PDF). Archived from the original (PDF) on December 11, 2011. Retrieved June 21, 2012.
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  77. ↑ "Pennsylvania Voters Want Stricter Gun-Control, Quinnipiac University Poll Finds; Voters Lean Slightly To Same-Sex Marriage". Quinnipiac University. Archived from the original on January 31, 2013. Retrieved January 30, 2013.
  78. ↑ "Support for gay marriage in Pennsylvania on the rise". Public Policy Polling. March 13, 2013.
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