While 2013 will go down in LGBT history as the year the federal Defense of Marriage Act largely met its downfall, marriage-equality history was also made at the state level in Pennsylvania. For the first time, a challenge was filed to the state’s 1996 law banning same-sex marriage. And then another. And another. And some more. Here is a rundown on the legal challenges filed this year to Pennsylvania’s law prohibiting marriage equality.
Whitewood v. Wolf Filed: July 9 Court: U.S. District Court for the Middle District of Pennsylvania Claims: State ban violates federal due-process and equal-protection rights Background: Ten same-sex couples, two children and one widow sued for the right to marry in the first-ever lawsuit against Pennsylvania’s ban on same-sex marriage. Defendants: Gov. Tom Corbett, Attorney General Kathleen Kane, Health Secretary Michael Wolf, Washington and Bucks counties’ register of wills Activity: • Kane and Corbett are removed as defendants in early November; Revenue Secretary Dan Meuser is brought on as defendant and another couple added as plaintiffs. • Judge John Jones rejects the state request for a dismissal Nov. 15, finding the “sea change” in marriage laws merits a trial. • Trial set for June.
Department of Health v. D. Bruce Hanes Filed: July 30 Court: Commonwealth Court of Pennsylvania Claims: State official was acting outside his authority by issuing same-sex marriage licenses Background: Montgomery County Register of Wills D. Bruce Hanes began issuing marriage licenses to same-sex couples July 24, prompting a state suit July 30. Defendant: Hanes Activity: • Judge Dan Pellegrini hears oral arguments Sept. 4. • Pellegrini issues a writ of mandamus to compel Hanes to stop issuing licenses to same-sex couples Sept. 12. • From July 24-Sept. 12, Hanes issued 174 licenses to same-sex couples. • Hanes appeals Pellegrini’s order to the state Supreme Court Sept. 20. • On Dec. 2, Hanes files a brief arguing the Department of Health lacks standing and the case should have been handled in the Supreme Court, while 23 same-sex couples who received licenses from him file an amicus curiae brief supporting his claims.
Cucinotta v. Commonwealth of Pennsylvania Filed: Sept. 6 Court: Commonwealth Court of Pennsylvania Claims: State ban violates state constitutional right of sovereign immunity Background: Paoli residents Nicola and Tamara Cucinotta, who obtained a marriage license in Montgomery County, sued for state recognition of their marriage. Defendants: Commonwealth of Pennsylvania Activity: • State asks for dismissal Oct. 7. • Plaintiffs file a response Oct. 28.
Ballen v. Corbett Filed: Sept. 24 Court: Commonwealth of Pennsylvania Claims: State ban violates state and federal equal-protection and due-process rights and the state Equal Rights Amendment on the basis of sex Background: Twenty-one same-sex couples who received marriage licenses this summer in Montgomery County sued to have their marriages recognized by the state. Defendants: Corbett, Kane and Wolf Activity: • Corbett, Wolf ask for dismissal Oct. 31. • Plaintiffs file amended complaint Nov. 8, adding five new plaintiff couples and arguing same-sex couples are “similarly situated” to heterosexual couples.
Palladino v. Corbett Filed: Sept. 26 Court: U.S. District Court for the Eastern District of Pennsylvania Claims: Section Two of the federal DOMA violates due-process and equal-protection rights by denying marriages performed in other jurisdictions Background: Philadelphia residents Cara Palladino and Isabelle Barker, married in Massachusetts in 2005, sued for their resident state to recognize their legal marriage. Defendants: Corbett and Kane Activity: • Corbett requests a dismissal Nov. 25. • Kane asks to be removed from the case Dec. 9. • All motions set to be filed by Feb. 28.
Baus v. Gibbs Filed: Oct. 25 Court: Orphans Court of Northampton County Background: Bethlehem resident Barbara Baus sued after being ordered to pay more than $10,000 in inheritance tax on the estate of her late wife, Cathy Burgi-Rios. Defendants: Easton Register of Wills Gina Gibbs and Pennsylvania Department of Revenue Claims: State ban violates the state constitution’s uniformity clause, equal-protection and due-process rights, the state Equal Rights Amendment based on sex and the federal equal protection and due-process rights Activity: • Revenue Department files preliminary objects Nov. 22, asking for dismissal of the case. • Oral arguments set for Jan. 28.