House committee moves bill to end Pa.’s non-enforceable ban on same-sex marriage

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A bill approved Wednesday by the House Judiciary Committee would repeal the state's prohibition on same-sex marriages, which is still on the books despite having been nullified by federal law and court precedents.

The Pennsylvania House Judiciary Committee on Wednesday approved a bill that would end the state’s prohibition on same-sex marriage — a statute that is still on the books despite federal law and court rulings rendering it ineffective.championed by Rep. Malcolm Kenyatta, D-Philadelphia, which would change portions of state law that currently define marriage as between a man and a woman.

“It also sends an important message about us embracing William Penn’s vision of tolerance and acceptance no matter who you are,” Kenyatta continued.Pennsylvania’s domestic relations law currently contains a clause stating that “marriage shall be between one man and one woman,” and that same-sex marriages from other states or foreign jurisdictions “shall be void in this commonwealth.” Kenyatta’s bill would simply strike this section entirely.

The existing statutes are unenforceable, having been superseded by federal law. In 2015, the U.S. Supreme Court’s decision inFurther, in 2022, Congress passed — and President Joe Biden signed — a law prohibiting states from refusing to recognize marriages from other states based on the sex, race, ethnicity, or national origin of the married couple.

“Pennsylvania’s current law on marriage recognizes that men and women beget children and that the best place for any child is with his or her mother and father,” Schemel said.

 

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