In what is thought to be the first decision of its kind, a judge in Bucks County issued a ruling Wednesday, allowing retroactive recognition of a same-sex common-law marriage.
The decision came in the case of Doylestown resident Dr. Sabrina Maurer, who sued after being forced to pay inheritance tax and being denied other spousal benefits following the death of her partner, Dr. Kimberly Underwood. The couple was together since 1998, and was joined in a religious ceremony in 2001, before any state legalized same-sex marriage. Underwood died in 2013, six months prior to Pennsylvania allowing marriage equality.
Although Pennsylvania abolished common-law marriages in 2005, it does recognize such unions formed prior to that year.
The judge wrote that the couple’s “marriage is valid and enforceable, and they are entitled to all the rights and privileges of validly licensed, married spouses in all respects under the laws of the Commonwealth of Pennsylvania.”
Maurer was represented by Ira Lefton, Mary Hackett and M. Patrick Yingling of Reed Smith, LLP.