Pennsylvania is now at the center of the state-by-state struggle for marriage equality in the United States. As the historic U.S. Supreme Court cases on DOMA and marriage equality in California were being decided this spring, the American Civil Liberties Union identified Pennsylvania as a key state because we are the only one in the Northeast that does not have marriage equality or recognize marriages performed in other states.
After the Supreme Court rulings, the ACLU filed a case to overturn Pennsylvania’s same-sex marriage ban. Following the ACLU filing, Montgomery County began issuing marriage licenses to same-sex couples.
With this vital issue squarely in the public arena, I want to share what the City of Philadelphia is doing to advance marriage equality, including the national work with which I am involved on behalf of same-sex couples.
Recently, I was asked to perform a wedding ceremony for a couple who had received a Montgomery County marriage license. While I very much want to perform same-sex wedding ceremonies, I declined — for now.
I’ve received significant feedback from people who agree with the city’s position to await court action on the same-sex-marriage ban and from others who want me to defy that law.
As mayor, I am bound to uphold the rule of law, and the current state law has a same-sex marriage ban in place. Last week, a Commonwealth Court judge found that Montgomery County did not have the authority to issue marriage licenses. The status of the 174 licenses issued and marriages performed is now in doubt. I want to be sure that every marriage ceremony I perform comes with the real benefits of marriage, in addition to recognizing the relationship between two people.
My position on marriage equality has never changed. I fully support marriage equality and have worked to make Philadelphia a national leader on LGBT rights. We are using all legal means to change the current law banning same-sex marriage in Pennsylvania.
I strongly believe we are on the verge of major and lasting change with regard to marriage equality. With 23 plaintiffs from across the state and representing a widow, families and couples, the ACLU case will result in a clear decision on the issue. And the City of Philadelphia is supporting the ACLU case. So far, we have assisted with identifying potential plaintiffs and sharing information about the case, and we will submit an amicus brief for trial. I invite you to join us.
The struggle for equal rights for same-sex couples is not new to me. I have worked as a proud ally for the rights of same-sex couples for many years. As a member of City Council, I drafted a bill that provided for same-sex relationship recognition. Our Life Partnership program, initiated in 1998, has registered hundreds of same-sex couples. To be clear, Life Partnership is not marriage — only the state has the authority to make marriage law. Life Partnership is an action the city is able to take in recognizing the relationships of same-sex couples.
In 2011, I joined mayors from across the country in launching Mayors for Marriage Equality. As part of this group, I’ve engaged with press and clergy on the importance of marriage equality and have gathered the support of other mayors in our region.
This month, I am expanding my work on marriage equality as a newly appointed co-chair of Freedom to Marry’s “Light up the Map” campaign. The goal of this campaign is to get 500 mayors in all 50 states to sign on in support of marriage equality. This effort will help Pennsylvania as the current case moves through the court and will assist mayors of cities of all sizes in supporting marriage equality. I’ll ask that you help spread the word and that you check out www.FreedomToMarry.org/Mayors for more information on the “Light up the Map” campaign.
Throughout city government, we are working to address the needs of LGBT people, from youth to elders. Our Office of LGBT Affairs and the Philadelphia Commission on Human Relations work on these issues every day and they are not alone. Departments across the city government are committed to upholding our inclusive policies and to making the city a better place for all people.
At the heart of marriage equality is the ability to marry the person you love. I am working to solidify marriage and stand with same-sex couples for equal recognition under the law. Marriage matters, and I believe it matters for all marriages to rest on firm legal ground. Someday soon, I firmly believe same-sex couples will be legally able to marry. And I look forward to that day when I will have the honor to perform legally the marriage of same-sex couples in Philadelphia.
— Michael A. Nutter, Mayor