March 18, 2014
A federal judge overseeing one of the challenges to Pennsylvania’s refusal to recognize same-sex marriages performed outside of the state will hear arguments on the issue in late May. The court has scheduled oral arguments for May 28. The plaintiffs have filed for summary judgment in the case, arguing that the state’s refusal to recognize out-of-state same-sex marriages is unconstitutional.
The court will hear those arguments, and a defense of that policy, along with motions to dismiss the case filed by officials who are defending the ban:
The couple, Cara Palladino and Isabelle Parker, rejected Gov. Tom Corbett’s efforts to dismiss the case and say that the state’s refusal to recognize their 2005 marriage in the state of Massachusetts violates the due process and equal protection clauses of the 14th Amendment, citing the U.S. Supreme Court’s June landmark ruling in United States v. Windsor.
“Pennsylvania’s unilateral voiding of plaintiffs’ marriage constitutes an extraordinary disruption of and burden on their marriage and family life, affecting their stability, security and dignity just as severely as the federal nonrecognition law at issue in Windsor,” they said.
In addition to their 14th Amendment claims, they also alleged that Pennsylvania’s refusal to recognize a same-sex marriage entered into in another state is a violation of the Full Faith and Credit Clause of the U.S. Constitution and their constitutionally protected right to travel between states.
Pennsylvania doesn’t have a constitutional ban on same-sex marriage – the state only bans marriage equality and legal recognition of same-sex marriages performed outside the state through a statute. Several other challenges to different aspects of Pennsylvania’s ban have been filed in state and federal courts.
The case is Palladino v. Corbett.
Thanks to Kathleen Perrin for this filing
For more information on Palladino v. Corbett from The Civil Rights Litigation Clearinghouse, click here.