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)
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.