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Federal district court to hear oral arguments in Pennsylvania marriage equality case on May 28

LGBT Legal Cases Marriage equality Marriage Equality Trials

Pennsylvania state sealA 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.

58 Comments

  • 1. Michael Grabow  |  March 18, 2014 at 10:06 am

    I am so excited to see where will be come this summer.

  • 2. Chuck from PA  |  March 18, 2014 at 10:13 am

    Glad to see progress in another of my hope state cases.

  • 3. Ragavendran  |  March 18, 2014 at 10:19 am

    Wow – this hearing in late May would take place just two weeks before a trial begins in another federal PA marriage equality case, Whitewood v. Corbett. Perfect timing for a positive summary judgment on Palladino v. Corbett from this judge (a Clinton appointee) to come out shortly before or during the trial in Whitewood v. Corbett. I wonder who, if anyone, is orchestrating this dance :)

  • 4. Rancor  |  March 18, 2014 at 10:27 am

    Homosexual equality and marriage hurts all segments of society because it is a sham. A lie. A diversion from the truth about homosexuals, their hyper-promiscuity in and out of "relationships" and the homosexual attacks on medical professionals and researchers who have attempted to sound warnings about their toxic, disease spreading behaviours. Researchers in the UK, Sweden, Denmark, France, The Netherlands, USA, Germany and Switzerland have been systematically targeted, harassed and intimidated to undermine, stop and prevent the facts revealed in their research programmes. This research has shown that 1st world Homosexuals are the primary transmission sector of ALL STDS (including HIV, herpes, gonorrhea, syphilis and chlamydia) in developed nations.. Due to the huge overuse of antibiotics by HIV infected homosexuals, new and virulent strains of tuberculosis, pneumonia, measles, CRE's (carbapenem-resistant Enterobacteriaceae) to name a few. Heterophobic activists like to use African STD numbers to try divert attention, but this is very easy to disprove and debunk.

  • 5. Rancor  |  March 18, 2014 at 10:29 am

    Promiscuity among so-called Homosexual "Couples":

    Even in those homosexual relationships in which the partners consider themselves to be in a committed relationship, the meaning of "committed" typically means something RADICALLY DIFFERENT from normal marriage.

    In The Male Couple, authors David P. McWhirter and Andrew M. Mattison reported that in a study of a hundred-fifty-six males in so-called homosexual "relationships" lasting from one to thirty-seven years,

    Only seven "couples" claimed to have a totally exclusive sexual relationship, and these men all have been together for less than five years. Stated another way, all "couples" with a relationship lasting more than five years have incorporated some provision for outside sexual activity in their relationships.

    In Male and Female Homosexuality, M. Saghir and E. Robins found that the average male homosexual live-in relationship lasts between two and three years.

  • 6. Rancor  |  March 18, 2014 at 10:29 am

    CDC: 20% of Gay Men Are HIV-Positive, but Nearly Half Don’t Know It.

    Recent data from the Centers for Disease Control and Prevention (CDC) show that 1 in 5 sexually active gay and bisexual men in America are HIV-positive but that 44% of them don’t know it.

    More than 8,000 self-identifying gay and bisexual men (or, as the researchers call them, MSM, for men who have sex with men) were tested by CDC workers in the 21 American cities with the highest infection rates. The gay population in Baltimore had the highest rates of HIV infection, at 38%, while Atlanta scored lowest, at 6%.

    The highest absolute number of infections occurred in white MSM, primarily those between the ages of 30 to 39. However, young black gay and bisexual men (aged 13 to 29) had the highest rates of HIV infection per capita, and young Hispanic MSM also had disproportionately high rates of infection. (More on Time.com: ‘It Gets Better’: Wisdom From Grown-Up Gays and Lesbians to Bullied Kids)

    There is no denying that the highest infection rates occur in gay and bisexual men. Although they account for 4% of the male population in the United States, their HIV-infection rate is 44 times the rate of heterosexual men. African-American men and men under 30 years old were the two groups least likely to be aware of their status.

    When data on the two groups are broken apart, however, HIV-infection rates in bisexual men are lower than in gay men, according to a study in the American Journal of Public Health.

  • 7. Rich  |  March 18, 2014 at 10:55 am

    I think he posted his name incorrectly. It should be Canker (sore…loser).

  • 8. Keith  |  March 18, 2014 at 11:02 am

    Looks like one of the right wing sweat shop trolls has found this site, best to ignore it. Definition of RANCOR is bitter, rankling resentment or ill will; hatred; malice; Synonyms are bitterness, spite, venom, animosity. The urban dictionary defines “rancor” as “this word also refers to the beast in Star Wars that lived underneath Jaba The Hut's palace and ate Jedi's, it also happens to be a derogatory term for people who have large appetites, are abnormally cranky, are scared of doors.”

  • 9. Scottie Thomaston  |  March 18, 2014 at 11:17 am

    Whoa, I go away for a bit and a troll shows up.

  • 10. sfbob  |  March 18, 2014 at 11:17 am

    I know any number of married couples, gay and straight. None of those couples reported that they had to certify as to their moral perfection before obtaining a marriage license.

    Likewise missing are the studies which report that heterosexual couples never cheat on their spouses and that none have open relationships.

  • 11. Corey  |  March 18, 2014 at 11:24 am

    Homosexuals have lots of sex outside marriage; therefore, we should deny then the right to marry? Yeah, that's illogical and it doesn't solve the "problem" which you assert to be true. It's like saying, "You eat off the floor, so I deny you having a table."

  • 12. davep  |  March 18, 2014 at 11:38 am

    …. and essentially 100% of all unplanned pregnancies, abortions, and children being abandoned by their irresponsible biological parents and left for the state and the taxpayer to care for are the result of the behavior of heterosexual couples, not same sex couples. According to your "logic" of applying manipulated statistics to the completely unrelated issue of constitutional compliance of civil marriage laws, , those people are clearly not the kind of people who should be given the rights and protections of civil marriage.

    And since lesbians are at far less risk of HIV than opposite sex couples, opposite sex couples should be denied civil marriage and only lesbians should be allowed to legally marry.

    See how statistics work? You have no argument, troll.

  • 13. davep  |  March 18, 2014 at 11:48 am

    …. and when a study is based in only the 21 cities with the highest infection rate (out of more than 30,000 cities in America), the results reflect the information about only those 21 places with the highest rates, not the entire country. More manipulated statistics.

    …. and when you arbitrarily limit your focus about HIV to only '1st world countries' as yet another way to simply manipulate the data to condemn only gay people, you simply reveal your ulterior motives.

    …. not to mention the fact that none of this has anything to do with constitutional compliance of civil marriage laws. Troll fail.

  • 14. ragefirewolf  |  March 18, 2014 at 11:49 am

    "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."

    Finally, someone is quoting the Privileges and Immunities Clause!! Oh, how I hope they use this in the decision!!!

  • 15. sara  |  March 18, 2014 at 11:54 am

    A) Small sample size can easily skew percentages.
    B) Perhaps they are honest about it – unlike many other relationships.
    C) Why is is anybody's business but theirs?

  • 16. Background Gal  |  March 18, 2014 at 11:59 am

    Yep, when you are denied a table, statistics that show you eat off the floor are not surprising.

  • 17. Rancor  |  March 18, 2014 at 12:09 pm

    The British slang for cigarettes is a very accurate and appropriate word describing homosexuals because of their toxic, hyper-promiscuous behaviour.

    The practice of both (smoking and homosexuality) spreads and causes diseases that would otherwise not exist.

    The practice of both (smoking and homosexuality) is endorsed via the half truths, lies and delusions of it's practitioners.

  • 18. JimT  |  March 18, 2014 at 12:21 pm

    Looks like you'll need to go to the backside of your server, get it's IP address and block it. You should also be able to delete/remove its comments. After a while it will get tired and stop making the posts.

  • 19. davep  |  March 18, 2014 at 12:23 pm

    These comments from 'rancor' are direct copy & paste 'troll posts' from someone who does this sort of thing in the Youtube comments sections. I'm all for open discussion and debate about opposing views on civil marriage, but this guy is clearly not here for that. Flush this troll, please.

  • 20. JimT  |  March 18, 2014 at 12:28 pm

    Same troll was doing this on MSNBC for a while then they blocked it.

  • 21. Corey from Maryland  |  March 18, 2014 at 12:34 pm

    Rancor, you are such an idiot that it is painful. In case you have not noticed, those who are on effective HIV treatments are exceptionally low risk for transmitting HIV. The treatment do NOT involve antibiotics, nitwit. The fact that you do not even know this basic information shows that the rest of your statement is full of holes and some figment of your imagination.

  • 22. Corey from Maryland  |  March 18, 2014 at 12:39 pm

    Agreed. Responding to 'rancor' will only egg it on. Ignoring it will kill it.

  • 23. paul  |  March 18, 2014 at 12:43 pm

    Approximately 70% of opposite sex marriages will have at least one cheating spouse at some point during the marriage. Seriously. Straight people aren't the poster children for monogamy that the anti-gays make them out to be.

  • 24. Andrew  |  March 18, 2014 at 12:57 pm

    So, you're obsession is STDs – yet you're moronically using that as an excuse to argue against an institution that is well-established as encouraging monogamy. But that's by design. It's what you people do. You do everything in your power to hamstring the existences of gay people, then you point your fingers and pretend to lament those existences which do not live up to your ideals.

    What's it like clinging to a hopeless, losing cause? Or having you figured out yet that you have completely and utterly lost in the long run? Probably not… the world is full of dead-enders such as yourself.

  • 25. Guest  |  March 18, 2014 at 12:58 pm

    Rancor is usually coupled with envy. Just saying

  • 26. Chuck from PA  |  March 18, 2014 at 1:13 pm

    Of course I meant home state, not hope state, although I have high hope for these cases as well.

  • 27. JimT  |  March 18, 2014 at 1:17 pm

    40% of the men who sire children then later divorce their wives become deadbeat dads that don't pay any child support. So the taxpayers have to pick up the tab for state AG's to go after them. And I'm willing to bet quite a few of these right wing comment trolls probably fit that mold.

  • 28. KarlS  |  March 18, 2014 at 1:41 pm

    You're an amusing little prick. Tell your Uncle Dad we said hi.

  • 29. Rik  |  March 18, 2014 at 1:50 pm

    I'm confused as to why you are putting the word couples in quotes. I get that you are trying to be demeaning to us, but given that there is no question that two people in a relationship constitute a couple, you just look like an idiot. Then again, the rest of your statements broadcast that point pretty well already.

  • 30. bayareajohn  |  March 18, 2014 at 2:05 pm

    What kind of a life must this person have that makes trolling seem like fun? They can't actually be trying to inform anyone of their beliefs, as they choose to do it in places it will be expressly rejected. How can the appeal remain for long, if it's only for shock and attention? Pretty wormy mind.

  • 31. Terry  |  March 18, 2014 at 2:24 pm

    I was so excited to sit down and read the 40 plus comments on this topic and then saw there were actually about five. So off to another site.

  • 32. davep  |  March 18, 2014 at 4:02 pm

    Well, suit yourself, but it's your loss. A quick look at any of the other articles here and their comment sections would reveal this.

  • 33. Keith  |  March 18, 2014 at 4:30 pm

    That comment probably was made by the same troll who didn't like what was said about them, using a different alias.

  • 34. Straight Ally #3008  |  March 18, 2014 at 4:36 pm

    Scottie, this person posts the same thing on Yahoo – that, or they're copying from the same sheet.

  • 35. Bruno71  |  March 18, 2014 at 5:21 pm

    Go ahead, keep writing, Rancor. It's not going to change the fact that marriage equality is well on its way, but if it makes you feel better, we won't stop you.

  • 36. davep  |  March 18, 2014 at 5:24 pm

    Yes, that was obviously a troll attempting to give the impression that he had actually accomplished something. I have to wonder who he thinks he is trying to convince…

  • 37. Terry  |  March 18, 2014 at 5:45 pm

    I think it was written by a regular reader who would like the mods to take JimT's advise, get rid of the anti-gay posters (who somehow lost their way onto this site), and leave the good stuff. Two new posts are up. Looking forward to reading some more smart, thought-provoking comments that are often posted here. If it gets too cluttered with the anti stuff, the reputation and reliability of the site will go down.

    JimT:
    Looks like you'll need to go to the backside of your server, get it's IP address and block it. You should also be able to delete/remove its comments. After a while it will get tired and stop making the posts.

  • 38. Terry  |  March 18, 2014 at 5:46 pm

    in Reply to davep and Keith…

  • 39. Michael  |  March 18, 2014 at 8:31 pm

    This is a cheap cut and paste from another story and day. How b-o-r-i-n-g! Homophobia, Inc. can't even think up something new. Yawn.

  • 40. Oranian  |  March 18, 2014 at 8:32 pm

    Homophobia is a sin. Repent.

  • 41. ebohlman  |  March 19, 2014 at 1:13 am

    First there was Wormtongue.
    Then there was Wormtail
    Now there's Wormbrain.

  • 42. Kyle  |  March 19, 2014 at 9:38 am

    The only thing toxic in society is religion, and thankfully in this country, church attendance is at an all time low.

  • 43. Mitchell  |  March 19, 2014 at 9:41 am

    You breeders cheat farrrr more than gays do. You breeders are just terrible at hiding it. Every day there's thiusands of stories regarding adultery in breeder relationships. Breeders are so destructive

  • 44. Jeremy  |  March 19, 2014 at 9:44 am

    But the question still remains, why to you heteros BREED babies only to kill them, be it in your stomachs or once they are born? Also, HPV disproportianetly effects you heteros. I'm pretty sure a penis where piss comes out of it was not meant to be put in a mouth but you twisted heteros sure love unnatural sex.

  • 45. Chris  |  March 19, 2014 at 1:01 pm

    "The only thing toxic in society is religion" that's a very shallow approach to understanding society's ills. No better informed than the so-called rationale of homophobes.

    There alot of good that religious and non-religious individuals have done throughout history, and there are allies of humanity and the gay community, specifically, on both ends. The Episcopal Chruch for example, has long been allies of gays and lesbians. Even when Prop 22 passed in California, they lent their support to the opposition with the Bishop encouraging the clergy to speak out against the measure.

    Don't sink to the level of the religious-right by negative-generalization.

    That said, I can help but also be happy with the shrinking religiosity in the US. The Yeast of the Pharisees certainly lingers in places with overly-religious populations.

  • 46. Steve  |  March 19, 2014 at 2:35 pm

    Those people would do good things without being religious. If they need religion to bully them into doing good, then they aren't really good. On the flip-side religion does a tremendous job of getting otherwise decent people to do and say the most horrible thing imaginable. It's certainly not the only source of problems and strife in this world, but by far one of the biggest ones.

  • 47. Deeelaaach  |  March 22, 2014 at 8:32 pm

    I see the name "Rancor" and I just skip the post altogether. I like reading the replies, but I don't like feeding trolls. That said, I've fed trolls myself at times.

  • 48. Deeelaaach  |  March 22, 2014 at 8:36 pm

    Every society has its Pharisees. The irony is that these Pharisees can't see they are the very thing they despise most.

  • 49. Deeelaaach  |  March 22, 2014 at 8:39 pm

    And the studies that highlight the fact that heterosexuals are never promiscuous are missing also. Hmmm, where did all those darn STDs come from? (pretends to by mystified).

  • 50. Deeelaaach  |  March 22, 2014 at 8:44 pm

    We can try to educated the poster, but something tells me that rancor can't be taught.

  • 51. Guest  |  March 23, 2014 at 6:08 pm

    Since you insist upon posting negative comments, it leads me to believe that you are hiding a somewhat deep, dark well-kept secret if you know what I mean;-) Do us all a favor and save the homophobia for someone who gives a shit. If you're homophobic why do you take time out of your miserable life to search for these stories? First, ask yourself this: Why am I so infatuated with the LGBT community? Next, kill yourself when you truly figure out the answer.

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  • 58. Tina  |  May 12, 2014 at 8:31 pm

    You really are a dumbass!!!! I AM MARRIED TO MY WIFE, and COMPLETLY FAITHFUl!!!! U need to look up ur "statistics"…. STRAIGHT COUPLES HAVE HIGH DIVORCE RATES DUe TO INFIDELITY!!!!
    Wether u r straight , gay, bi, transgender etc, you will always have some unfaithful, some positive things and some negative things!!!!! BUT THE RIGHT TO MARRY AND BE RECOGNIZED AS MARRIED SHOULD BE UNIVERSAL!!! So get ur head out your a$$

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