Same-sex marriage in Pennsylvania

Same-sex marriage has been legally recognized in Pennsylvania since May 20, 2014. On that day, a court decided that the state's law banning same-sex marriage was unfair. The governor, Tom Corbett, said he would not fight this decision. Pennsylvania became the eighteenth U.S. state to allow same-sex marriage and was the last state in the Northeastern United States to do so.

Before 2014, Pennsylvania had laws that did not allow same-sex marriage. These laws had been in place since 1996, but they were not written into the state's biggest rule book, called the State Constitution. In 2009 and 2013, people tried to change the laws to allow same-sex marriage, but they could not because some politicians did not agree.

Many people in Pennsylvania support allowing same-sex marriage. A study in 2024 found that 68% of people in the state thought same-sex marriage should be legal. Even though Pennsylvania did not allow same-sex marriage for many years, it also did not have special rules called "civil unions" or "domestic partnerships" that give some marriage-like benefits to couples.

Legal history

Statutes

In 1996, a law was passed in Pennsylvania to prevent same-sex marriages and not recognize them from other states. This law stayed until 2014.

In 2014, a court decided that Pennsylvania’s law against same-sex marriage was not fair. After this, same-sex couples could get married right away. The leader of Pennsylvania decided not to challenge this decision, so same-sex marriage became allowed in Pennsylvania.

Attempts to pass constitutional ban

People tried to change Pennsylvania’s rules to only allow marriages between a man and a woman. These attempts did not succeed.

Federal lawsuits

Whitewood v. Wolf

In 2013, a group asked a court to allow same-sex marriage in Pennsylvania. In 2014, the court agreed and said the old law was not fair. After this, same-sex couples could get married in Pennsylvania.

Palladino v. Corbett

In 2013, a couple who were married in another state asked Pennsylvania to recognize their marriage. But because of the Whitewood decision, this case was no longer needed.

State lawsuits

DeSanto v. Barnsley

In 1984, a court said Pennsylvania’s rules did not recognize same-sex relationships as marriages.

Commonwealth v. Hanes, Cucinotta v. Commonwealth, and Ballen v. Wolf

In 2013, a man started giving marriage licenses to same-sex couples. But a court told him to stop. These cases ended after the Whitewood decision allowed same-sex marriage.

Economic impact

A study from the University of California, Los Angeles showed that allowing same-sex couples to marry in Pennsylvania would bring about $100 million to the state's economy. This would include spending on weddings and tourism, totaling up to $92 million in the first three years. It would also increase state and local taxes by up to $5 million. The extra activity could create up to 1,142 new jobs.

Demographics and marriage statistics

The Pennsylvania Department of Health keeps records of all marriages but does not separate them into different categories. In 2016, a study showed that cities like Philadelphia, Harrisburg, Pittsburgh, Lancaster, and Allentown had the most same-sex marriages.

By 2017, about 32,700 same-sex households were in Pennsylvania. This number kept growing each year. In 2020, there were about 21,782 married same-sex couples and 18,508 unmarried same-sex couples living in the state.

Public opinion

Over the years, many surveys have asked people in Pennsylvania about their views on same-sex marriage. In 2011, one survey found that about one-third of people supported same-sex marriage, one-third supported civil unions (a legal agreement that gives couples some of the same rights as married couples), and another one-third opposed any legal recognition for same-sex relationships. By 2012, support for same-sex marriage had grown a little.

Another survey in 2011 showed that half of the people supported changing the law to allow same-sex marriage, while 42% did not. In 2012, support for changing the law to allow same-sex marriage grew to about half of the people. Surveys in 2013 found that almost half of people supported same-sex marriage, with many more supporting either marriage or civil unions for same-sex couples.