Recognition of same-sex unions in Pennsylvania
Encyclopedia
Currently, Pennsylvania
recognizes neither same-sex marriage
s, civil unions, nor domestic partnerships, though attempts have been put forth in the recent years to allow for such unions, as well as several measures that would block such legislation, such as amending the State Constitution to prohibit same-sex marriage.
A bill had been previously introduced in 2008, though subsequently stalled after lawmakers voiced concern over whether or not the proposed amendment would prohibit only same-sex marriage and civil unions; including language that possibly could be interpreted by the courts to prohibit hospital visitation rights, employer health benefits and recognition of a will
for same-sex couples in addition, which was the case in Michigan after the Michigan Supreme Court
ruled that providing such benefits to same-sex couples was unconstitutional, due to their interpretation of Michigan State Proposal - 04-2
.
won the 2010 United States Senate election
in Pennsylvania and has voted to amend the U.S. Constitution to ban same-sex marriage in the state.
requires approval by both houses of the state legislature
in two successive two-year sessions by means of majority vote, before going before voters in a state-wide referendum.
State Representative
Scott W. Boyd
as a main sponsor, introduced House Bill 2381, proposing an amendment to the Pennsylvania Constitution
defining marriage as between one man and one woman. The bill had 87 cosponsors and was approved June 6, 2006, with a vote of 136–61 in favor. The Senate voted on the bill 38–12 in favor on June 21, 2006. The bill was referred to the Rules Committee in the House of Representatives on June 22, 2006 where it stalled.
Mike Brubaker
as the main sponsor was approved in 2008 by the Pennsylvania Senate Judiciary Committee. It would have banned same-sex marriage and its "functional equivalent". This language led to debate on whether the bill would not only ban same-sex marriage
and civil union
s, but also prevent hospital visitation, employer health benefits and recognition of a will
for same-sex couples. The bill was laid on the table on May 6, 2008 because the House of Representatives in the State Government Committee would not allow Senate Bill 1250 to be considered by the committee in a timely manner. Senator Brubaker requested the bill be laid aside. The Senate agreed to the motion with a voice vote in the affirmative.
. The proposed amendment failed to advance in the Pennsylvania State Senate after it failed in the Judiciary Committee. All 5 Democrats voted to table the amendment and were joined by 3 Republicans. Six Republicans opposed tabling the bill.
with 36 cosponsors on May 3, 2011. It was referred to the Committee of State Government. The bill would amend the state constitutional stating to ban same-sex marriage and any substantial equivalent.
found that 63% of Pennsylvania voters supported some form legal recognition of same-sex couples, with 30% supporting same-sex marriage and 33% supporting civil unions. However, a plurality, 35%, opposed any legal recognition, and 3% were not sure.
A July 2011 survey by Public Policy Polling found that 68% of Pennsylvania voters supported legal recognition of same-sex couples, with 32% supporting same-sex marriage and 36% supporting civil unions, while 31% opposed all legal recognition and 1% were not sure. A separate question on the same survey that did not include the option of civil unions found that 38% of respondents thought same-sex marriage should be legal, while 51% thought it should be illegal and 11% were not sure.
An August 2011 Franklin & Marshall survey found that 50% of Pennsylvanians supported a constitutional amendment to legalize same-sex marriage, while 42% opposed it and 8% were not sure. A separate question on the same survey found that 62% of respondents supported a law legalizing civil unions for same-sex couples, while 34% opposed it and 5% were not sure.
A November 2011 Public Policy Polling poll found that 64% of Pennsylvania voters supported some form legal recognition of same-sex couples, with a 35% plurality supporting civil unions, 29% supporting same-sex marriage, and 33% opposing any legal recognition.
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
recognizes neither same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s, civil unions, nor domestic partnerships, though attempts have been put forth in the recent years to allow for such unions, as well as several measures that would block such legislation, such as amending the State Constitution to prohibit same-sex marriage.
Current law
The current Pennsylvania statute defines marriage as "between a man and a woman." While Pennsylvania is one of the minority of states not to have a constitutional amendment banning same-sex marriage, bills have been introduced throughout the past, the most recent in January 2010 by Sen. John Eichelberger, with 15 other senators as co-sponsors.A bill had been previously introduced in 2008, though subsequently stalled after lawmakers voiced concern over whether or not the proposed amendment would prohibit only same-sex marriage and civil unions; including language that possibly could be interpreted by the courts to prohibit hospital visitation rights, employer health benefits and recognition of a will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
for same-sex couples in addition, which was the case in Michigan after the Michigan Supreme Court
Michigan Supreme Court
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is known as Michigan's "court of last resort" and consists of seven justices who are elected to eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot...
ruled that providing such benefits to same-sex couples was unconstitutional, due to their interpretation of Michigan State Proposal - 04-2
Michigan State Proposal - 04-2 (2004)
Michigan State Proposal - 04-2 of 2004, is an amendment to the Michigan Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions...
.
Same-sex marriage
The most recent proposal to extend marriage to same-sex couples by amending the statute was introduced in May 2009, which is currently being debated by lawmakers. In November 2010 however, Republican Pat ToomeyPat Toomey
Patrick Joseph "Pat" Toomey, Sr. is the junior United States Senator for Pennsylvania and a member of the Republican Party. Previously, Toomey served as a U.S. Representative for three terms, but did not seek a fourth in compliance with a pledge he had made while running for office in 1998...
won the 2010 United States Senate election
United States Senate election in Pennsylvania, 2010
The 2010 United States Senate election in Pennsylvania took place on November 2, 2010, during the 2010 midterm elections. Incumbent Republican-turned-Democrat U.S. Senator Arlen Specter ran for re-election to a sixth term, but lost in the Democratic primary to Joe Sestak. Republican nominee Pat...
in Pennsylvania and has voted to amend the U.S. Constitution to ban same-sex marriage in the state.
Pennsylvania Marriage Amendment
In Pennsylvania, a constitutional amendmentConstitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
requires approval by both houses of the state legislature
Pennsylvania General Assembly
The Pennsylvania General Assembly is the state legislature of the U.S. state of Pennsylvania. The legislature convenes in the State Capitol building in Harrisburg. In colonial times , the legislature was known as the Pennsylvania Provincial Assembly. Since the Constitution of 1776, written by...
in two successive two-year sessions by means of majority vote, before going before voters in a state-wide referendum.
2006
In 2006, a group of five state representatives, with PennsylvaniaPennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
State Representative
Pennsylvania House of Representatives
The Pennsylvania House of Representatives is the lower house of the bicameral Pennsylvania General Assembly, the legislature of the U.S. state of Pennsylvania. There are 203 members, elected for two year terms from single member districts....
Scott W. Boyd
Scott W. Boyd
Scott W. Boyd is a Republican member of the Pennsylvania House of Representatives for the 43rd District and was first elected in 2002.-Career:...
as a main sponsor, introduced House Bill 2381, proposing an amendment to the Pennsylvania Constitution
Pennsylvania Constitution
The current Constitution of the Commonwealth of Pennsylvania, most recently revised in 1968, forms the law for the United States Commonwealth of Pennsylvania...
defining marriage as between one man and one woman. The bill had 87 cosponsors and was approved June 6, 2006, with a vote of 136–61 in favor. The Senate voted on the bill 38–12 in favor on June 21, 2006. The bill was referred to the Rules Committee in the House of Representatives on June 22, 2006 where it stalled.
2008
Senate Bill 1250, a bill similar to House Bill 2381 and with State SenatorPennsylvania State Senate
The Pennsylvania State Senate has been meeting since 1791. It is the upper house of the Pennsylvania General Assembly, the Pennsylvania state legislature. The State Senate meets in the State Capitol building in Harrisburg. Senators are elected for four year terms, staggered every two years such...
Mike Brubaker
Mike Brubaker
Michael W. Brubaker is a Republican member of the Pennsylvania State Senate who has represented the 36th District since 2007. Brubaker is a member of the Ephrata Area Chamber of Commerce, National Rifle Association, Millcreek Sportsmen Club, Cooper Hill Sportsmen Club, Farm Foundation and Bennett...
as the main sponsor was approved in 2008 by the Pennsylvania Senate Judiciary Committee. It would have banned same-sex marriage and its "functional equivalent". This language led to debate on whether the bill would not only ban same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
and civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s, but also prevent hospital visitation, employer health benefits and recognition of a will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
for same-sex couples. The bill was laid on the table on May 6, 2008 because the House of Representatives in the State Government Committee would not allow Senate Bill 1250 to be considered by the committee in a timely manner. Senator Brubaker requested the bill be laid aside. The Senate agreed to the motion with a voice vote in the affirmative.
2010
In 2010, Senate Bill 707 was introduced by State Senator John EichelbergerJohn Eichelberger
John Eichelberger of Blair Township, Pennsylvania is a Pennsylvania State Senator. He is a member of the Republican Party. He represents the 30th district of the Pennsylvania State Senate....
. The proposed amendment failed to advance in the Pennsylvania State Senate after it failed in the Judiciary Committee. All 5 Democrats voted to table the amendment and were joined by 3 Republicans. Six Republicans opposed tabling the bill.
2011
In 2011, House Bill 1434 was introduced by Pennsylvania State Representative Daryl MetcalfeDaryl Metcalfe
Daryl D. Metcalfe is an American politician currently serving in the Pennsylvania House of Representatives. Metcalfe is a member of the Republican Party and has represented the 12th legislative district since 1999...
with 36 cosponsors on May 3, 2011. It was referred to the Committee of State Government. The bill would amend the state constitutional stating to ban same-sex marriage and any substantial equivalent.
Domestic partnerships
While domestic partnerships are not offered statewide, the city of Philadelphia offers domestic partnership registries for City workers. The city of Pittsburgh also provides domestic partnerships, which have no residency requirement and are limited to same-sex couples.Public opinion
An April 2011 survey by Public Policy PollingPublic Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...
found that 63% of Pennsylvania voters supported some form legal recognition of same-sex couples, with 30% supporting same-sex marriage and 33% supporting civil unions. However, a plurality, 35%, opposed any legal recognition, and 3% were not sure.
A July 2011 survey by Public Policy Polling found that 68% of Pennsylvania voters supported legal recognition of same-sex couples, with 32% supporting same-sex marriage and 36% supporting civil unions, while 31% opposed all legal recognition and 1% were not sure. A separate question on the same survey that did not include the option of civil unions found that 38% of respondents thought same-sex marriage should be legal, while 51% thought it should be illegal and 11% were not sure.
An August 2011 Franklin & Marshall survey found that 50% of Pennsylvanians supported a constitutional amendment to legalize same-sex marriage, while 42% opposed it and 8% were not sure. A separate question on the same survey found that 62% of respondents supported a law legalizing civil unions for same-sex couples, while 34% opposed it and 5% were not sure.
A November 2011 Public Policy Polling poll found that 64% of Pennsylvania voters supported some form legal recognition of same-sex couples, with a 35% plurality supporting civil unions, 29% supporting same-sex marriage, and 33% opposing any legal recognition.