Pennsylvania gay marriage ban overturned by judge

Philadelphia (AP) — Pennsylvania's ban on gay marriage was overturned by a federal judge Tuesday.

U.S. District Judge John E. Jones III called the plaintiffs — a widow, 11 couples and one of the couples' two teenage daughters — courageous.

"We now join the 12 federal district courts across the country which, when confronted with these inequities in their own states, have concluded that all couples deserve equal dignity in the realm of civil marriage," Jones wrote.

An appeal to the 3rd U.S. Circuit Court of Appeals is likely. Gov. Tom Corbett's office had defended the law after Attorney General Kathleen Kane called it unconstitutional and refused to defend it.

State marriage bans have been falling around the country since the U.S. Supreme Court last year struck down part of the federal Defense of Marriage Act.

In all, 18 states give legal status to gay marriage. If Jones' decision stands, Pennsylvania would become the 19th and legalize gay marriage throughout the Northeast.

Lawyers for the plaintiffs say the law inflicts harm on same-sex couples and their children by depriving them of the legal protections and tax benefits afforded to married couples.

The Pennsylvania lawsuit, filed July 9, was the first known challenge to the state law that effectively bans same-sex marriage and the recognition of gay marriages from other states.

At least five later challenges have surfaced in state and federal courts since the lawsuit was filed, including one in which a county official is defending his decision to issue 174 marriage licenses to same-sex couples.

An excerpt from Judge Jones’ opinion and order says:

“The issue we resolve today is a divisive one. Some of our citizens are made deeply uncomfortable by the notion of same-sex marriage. However, that same-sex marriage causes discomfort in some does not make it s prohibition constitutional. Nor can past tradition trump the bedrock constitutional guarantees of due process and equal protection. Were that not so, ours would still be a racially segregated nation according to the now rightfully discarded doctrine of “separate but equal.”….In the sixty years since Brown was decided, “separate” has thankfully faded into history, and only “equal” remains. Similarly, in future generations the label same-sex marriage will be abandoned, to be replaced simply by marriage.

“We are a better people than what these laws represent, and it is time to discard them into the ash heap of history.

“An appropriate Order shall issue.”

His order follows:

ORDER

May 20, 2014

In conformity with the Memorandum Opinion issued on today’s date, it is hereby ORDERED that Plaintiffs’ Motion for Summary Judgment (Doc. 113) is GRANTED and Defendants’ Motion for Summary Judgment (Doc. 116) is DENIED.

It is further ORDERED and DECLARED that Pennsylvania’s Marriage Laws, 23 Pa. C.S. §§ 1102 and 1704, which prohibit same-sex marriage and treat as void the marriages of same-sex couples validly entered into in other jurisdictions VIOLATE the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution and are therefore UNCONSTITUTIONAL.

It is further ORDERED that the Defendants are PERMANENTLY ENJOINED from enforcing 23 Pa. C.S. §§ 1102 and 1704.

/s/ John E. Jones III
United States District Court

To read the full opinion and order, go to http://coop.pamd.uscourts.gov/13-1861.pdf

by Maryclaire Dale, Associated Press with additional material added by The Gayly staff.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

The Gayly – May 20, 2014 @ 2pm