Currently, Pennsylvania recognizes neither same-sex marriages, civil unions, nor domestic partnerships, though attempts have been put forth in the recent years to allow for such unions, as well as several measures that would block such legislation, such as amending the State Constitution to prohibit same-sex marriage.
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The current Pennsylvania statute defines marriage as "between a man and a woman." While Pennsylvania is one of the minority of states not to have a constitutional amendment banning same-sex marriage, bills have been introduced throughout the past, the most recent in January 2010 by Sen. John Eichelberger, with 15 other senators as co-sponsors.[1]
A bill had been previously introduced in 2008, though subsequently stalled after lawmakers voiced concern over whether or not the proposed amendment would prohibit only same-sex marriage and civil unions; including language that possibly could be interpreted by the courts to prohibit hospital visitation rights, employer health benefits and recognition of a will for same-sex couples in addition, which was the case in Michigan after the Michigan Supreme Court ruled that providing such benefits to same-sex couples was unconstitutional, due to their interpretation of Michigan State Proposal - 04-2.[2]
The most recent proposal to extend marriage to same-sex couples by amending the statute was introduced in May 2009, which is currently being debated by lawmakers.[3] In November 2010 however, Republican Pat Toomey won the 2010 United States Senate election in Pennsylvania and has voted to amend the U.S. Constitution to ban same-sex marriage in the state.[4][5]
In Pennsylvania, a constitutional amendment requires approval by both houses of the state legislature in two successive two-year sessions by means of majority vote, before going before voters in a state-wide referendum.[6]
In 2006, a group of five state representatives, with Pennsylvania State Representative Scott W. Boyd as a main sponsor, introduced House Bill 2381, proposing an amendment to the Pennsylvania Constitution defining marriage as between one man and one woman.[7] The bill had 87 cosponsors and was approved June 6, 2006, with a vote of 136–61 in favor.[7] The Senate voted on the bill 38–12 in favor on June 21, 2006. The bill was referred to the Rules Committee in the House of Representatives on June 22, 2006 where it stalled.[8]
Senate Bill 1250, a bill similar to House Bill 2381 and with State Senator Mike Brubaker as the main sponsor was approved in 2008 by the Pennsylvania Senate Judiciary Committee. It would have banned same-sex marriage and its "functional equivalent".[9] This language led to debate on whether the bill would not only ban same-sex marriage and civil unions, but also prevent hospital visitation, employer health benefits and recognition of a will for same-sex couples.[9] The bill was laid on the table on May 6, 2008 because the House of Representatives in the State Government Committee would not allow Senate Bill 1250 to be considered by the committee in a timely manner. Senator Brubaker requested the bill be laid aside. The Senate agreed to the motion with a voice vote in the affirmative.[10]
In 2010, Senate Bill 707 was introduced by State Senator John Eichelberger.[11] The proposed amendment failed to advance in the Pennsylvania State Senate after it failed in the Judiciary Committee. All 5 Democrats voted to table the amendment and were joined by 3 Republicans. Six Republicans opposed tabling the bill.[12]
In 2011, House Bill 1434 was introduced by Pennsylvania State Representative Daryl Metcalfe with 36 cosponsors on May 3, 2011.[13] It was referred to the Committee of State Government. The bill would amend the state constitutional stating to ban same-sex marriage and any substantial equivalent.[14]
While domestic partnerships are not offered statewide, the city of Philadelphia offers domestic partnership registries for City workers.[15] The city of Pittsburgh also provides domestic partnerships, which have no residency requirement and are limited to same-sex couples.[16]
An April 2011 Public Policy Polling survey found that 63% of Pennsylvania voters supported legal recognition of same- sex couples, with 30% supporting same-sex marriage, 33% supporting civil unions, 35% opposing all legal recognition, and 2% not sure.[17]
A July 2011 Public Policy Polling survey found 38% of Pennsylvania voters thought that same-sex marriage should be legal, while 51% thought it should be illegal and 11% were not sure. A separate question in the same survey found that 68% of Pennsylvania voters supported legal recognition of same- sex couples, with 32% supporting same-sex marriage, 36% supporting civil unions, 31% opposing all legal recognition, and 1% not sure.[18]
An August 2011 Franklin & Marshall survey found that 50% of Pennsylvanians supported a constitutional amendment to legalize same-sex marriage, while 42% opposed it and 8% were not sure. A separate question on the same survey found that 62% of respondents supported a law legalizing civil unions for same-sex couples, while 34% opposed it and 5% were not sure.[19]
A November 2011 Public Policy Polling survey found 36% of Pennsylvania voters thought that same-sex marriage should be legal, while 52% thought it should be illegal and 12% were not sure. A separate question in the same survey found that 64% of Pennsylvania voters supported legal recognition of same- sex couples, with 29% supporting same-sex marriage, 35% supporting civil unions, 33% opposing all legal recognition, and 1% not sure.[20]
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