U.S. Sen. Bob Casey (D-Pa.) this week called on federal officials to issue guidance for how courts should handle cases of same-sex couples who previously relied on adoption laws for rights now available through marriage equality.
Casey issued a letter Nov. 2 to U.S. Attorney General Loretta Lynch requesting official clarification on the process for same-sex partners who wish to annul an adoption and marry.
Prior to same-sex marriage becoming legal, some couples sought protection under adoption laws, with one partner adopting the other, to establish a legal relationship for the purpose of hospital visitation, inheritance rights and more. Same-sex couples can now legally marry in any state in the country, but in 25 of those, Pennsylvania included, a marriage between an “adoptive” parent and child is considered incest, an offense punishable by prison time — which necessitates an annulment of the adoption, prior to the couple marrying.
Locally, a New Hope couple was able to do that earlier this year, after a judge signed off on the annulment; but this summer, a judge in Allegheny County refused to do so, prompting the couple to take their case to the state Superior Court, which is expected to consider it next year.
Casey noted in his letter to Lynch that the differing court opinions are considered a state issue, federal guidance for judges who encounter such cases could be helpful.
“LGBT couples should have the right to obtain a marriage license, no matter the state or jurisdiction in which they reside,” he wrote. “In adoption cases such as these, the law has changed dramatically since the adoptions were first carried out. To ensure the dignity of all LGBT couples is affirmed, no matter their current adoption status, we must ensure that all parties know their options under the law.”