Same-sex marriage has been a pivotal issue in the United States, reflecting the nation’s evolving stance on LGBTQ+ rights. In Pennsylvania, the journey toward marriage equality has been marked by legal battles, societal shifts, and ongoing legislative efforts.
This article delves into the legal status of same-sex marriage in Pennsylvania, tracing its history and examining current legislative endeavors to solidify marriage equality.
Historical Context
Before 2014, Pennsylvania adhered to the Defense of Marriage Act (DOMA) enacted in 1996, which explicitly defined marriage as a union between one man and one woman. This statute not only prohibited same-sex marriages within the state but also refused recognition of such marriages performed in other jurisdictions. The law stated:
“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.”
(Pennsylvania General Assembly)
Legal Challenges and the 2014 Landmark Decision
The constitutionality of Pennsylvania’s DOMA faced significant challenges in the early 2010s. A pivotal moment occurred on May 20, 2014, when U.S. District Judge John E. Jones III ruled in the case of Whitewood v. Wolf that the state’s ban on same-sex marriage was unconstitutional. Judge Jones asserted that such prohibitions violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. In his opinion, he remarked:
“We are a better people than what these laws represent, and it is time to discard them into the ash heap of history.”
(ACLU of Pennsylvania)
This ruling effectively legalized same-sex marriage in Pennsylvania, making it the 19th state to do so. Then-Governor Tom Corbett announced that the state would not appeal the decision, thereby solidifying the court’s ruling.
Federal Reinforcement: Obergefell v. Hodges
The momentum for marriage equality continued nationally. In 2015, the U.S. Supreme Court’s decision in Obergefell v. Hodges established same-sex marriage as a constitutional right across all states. The Court held that the right to marry is a fundamental liberty guaranteed by the Fourteenth Amendment, and denying this right to same-sex couples would violate the Constitution.
Current Legal Landscape in Pennsylvania
Despite the federal and state court rulings, Pennsylvania’s original DOMA statute from 1996 remains codified in the state’s laws. While rendered unenforceable by subsequent judicial decisions, the presence of this outdated language has been a point of concern for advocates of marriage equality.
In 2024, the Pennsylvania House of Representatives passed a bill aiming to update the state’s definition of marriage to reflect the current legal standards. This bill seeks to remove the unconstitutional language that defines marriage exclusively as a union between a man and a woman. The ACLU of Pennsylvania supports this initiative, stating:
“HB 2269 would update the now-unconstitutional provisions under Pennsylvania statute to accurately reflect hard-won protections for marriage equality, protections that are recognized under both state and federal law.”
(ACLU of Pennsylvania)
National Context and Future Considerations
While marriage equality is currently upheld nationwide, recent political developments have raised concerns about the durability of these rights. In several states, lawmakers have introduced bills challenging same-sex marriage, reflecting a broader strategy to revisit established precedents.
For instance, in Oklahoma, legislators proposed measures that indirectly challenge the Obergefell decision by offering tax incentives exclusively to traditional two-parent households.
Moreover, with shifts in the composition of the U.S. Supreme Court, some advocates worry about the potential for revisiting landmark decisions related to LGBTQ+ rights. In response, states like California, Colorado, and Hawaii have proactively amended their constitutions to safeguard same-sex marriage, ensuring state-level protections irrespective of future federal rulings.
Conclusion
Same-sex marriage has been legally recognized in Pennsylvania since 2014, following the federal court’s decision in Whitewood v. Wolf. This recognition was further reinforced by the U.S. Supreme Court’s ruling in Obergefell v. Hodges in 2015. However, the persistence of outdated statutory language underscores the importance of legislative action to align state laws with constitutional principles. As the national discourse on marriage equality continues to evolve, Pennsylvania’s commitment to upholding the rights of all its citizens remains a testament to the enduring pursuit of equality.
