STATUTE
Marriage between persons of the same sex
It is hereby declared to be the strong and longstanding
public policy of this Commonwealth that marriage shall be
between one man and one woman. A marriage between persons
of the same sex which was entered into in another state
or foreign jurisdiction, even if valid where entered into,
shall be void in this Commonwealth.
(23 Pennsylvania Consolidated Statutes Ann. section
1704)
Definitions
The following words and phrases when used in this part
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Department." The Department of Health of the
Commonwealth.
"Marriage." A civil contract by which one man
and one woman take each other for husband and wife.
"Marriage license" or "license." A
license to marry issued under this part.
(23 Pennsylvania Consolidated Statutes Ann. section
1102)
Egolf v. Seneca, Case
No. 2004-3160-28-5
Two homosexuals sought a marriage license, and, when
denied, began making public statements about their plans
to challenge the constitutionality of Pennsylvania’s
DOMA with the help of national homosexual organizations.
Twelve state legislators and a private businessman filed
this declaratory judgment action against the men to seek
a ruling that the Pennsylvania DOMA is constitutional.
The hearing on the defendants’ motion to dismiss
for lack of standing will be held on October 8, 2004.