Over the years, democratic legislators from Pennsylvania have unsuccessfully tried to prevent the marriages of the same sex to the state right, but in the case of the American Supreme Court, he is asked to consider a case that could overthrow it at national level, their efforts made greater urgency.
The Supreme Court in the country last month was asked to weigh the case for the first time It can overthrow Obergefell against Hodges, A breakthrough ruling of 2015 that legalized marriages of people of the same sex throughout the country.
This served as a background for state legislators restoring the act on marital equality – what to codify The marriage of the same sex in Pennsylvania – both in the State Chamber and the Senate. If the legislation has been adopted, the legislation would add an additional layer of protection of the LGBTQ community in Pennsylvania if Obergefell is threatened by a conservative court.
The marriage of people of the same sex became legal in Pennsylvania over ten years ago The federal judge threw out a ban on state in 2014a year earlier Obergefell He became the Law of Earth. However, the Act on equality of marriages would ensure a security network, according to sponsors of the Act, and allow the law to adjust the court’s decision and re -define the marriage in Pennsylvania as a civil agreement between two adults.
“This is not a cultural war,” said a representative of Malcolm Kenyatta (D., Philadelphia) on Monday, who introduced the law on the equality of marriages in the state room. “There is nothing more American than strengthening a family unit and the distract of this bad right from our books strengthens the family unit and this is the main reason why we do it.”
Control the Democratic Chamber adopted legislation 133-68 last year, with 32 supporting republicans, but this was not called to vote By the GOP Senate.
It was for the first time the provisions on the marital equality adopted by the Legal House in Pennsylvania, According to the Youth Pennsylvania CongressOrganization of LGBTQ rights.
He said Kenyatta re -introduced recipes this month with the renovated goal.
In the petition for the issue of Certiorar submitted in July, the Supreme Court was asked to hear the case of Kim Davis, a former official in Kentucky, who was imprisoned for six days in 2015. After he refused religious grounds to provide a couple of homosexuals with a marriage license. Refers to financial compensation and claims that her actions were protected by the first amendment and that the decision in Obergefell was “Rescue bad”. The court receives many such petitions each year and does not necessarily mean that Scotus will take the case.
Senate version of Kenyatt Bill, introduced by Senator Carolyn Comitta (D., Chester), probably stands in front of the battle uphill in this chamber. But legislators believe that if there has ever been voting in the Senate, there will be support in the transition.
“If the Act on the equality of marriages were to vote in the state Senate, I am more than sure that this will happen with significant bilateral support,” said the representative of the state Jessica Benham (D., Allegheny), Chair of the State House LGBTQ+ Equality Caucus. “So the question we must ask is: what is the Senate Republican leaders afraid and why will they not display it in voting?”
The spokesman for the Pennsylvania Senate GOP Kaucus did not answer the request for a comment whether the club would consider the act on marital equality, or similar bills affecting the voting of LGBTQ Pennsylvanian.
Both bills are part of the greater effort of legislators and supporters To protect and prepare the LGBTQ community in Pennsylvania at a time when laws could be taken at federal level.
Democratic legislators are separately encouraging fragment Act on Honestywhich would add “gender, sexual orientation, gender identity or expression” to the list of forbidden forms of discrimination in the Act on interpersonal relations in Pennsylvania.
Democrats’ efforts mean the gravity of the protection of LGBTQ families on the basis of a conservative Supreme Court.
Angela Giampolo, a lawyer from Philadelphia and LGBTQ legal expert, said that she does not believe that Scotus would take the case of Davis, but withdrawing the rights of people in the LGBTQ community may occur through a fragmentary approach.
“I imagine instead of one great overturn Obergefell “which would create rebellion and all things,” we’ll see erosion … and death for a million cuts, “said Giampolo.
From ObergefellNationwide support for marriages of the same sex was sturdy and stable, although in recent years it has fallen among Republicans, Gallup reported in May.
“Families at the moment who have children who have just blown up at school feel that their partnership is threatened and is threatened because of the Supreme Court – this up-to-date iteration of the Supreme Court – this is not good for our families,” said Kenyatta.
An attempt to change “bad law in books”
Law in Pennsylvania defines marriage as “a civil contract in which one man and one woman take her husband and wife” and includes the provision that the marriage of the same sex persons is “invalid” in Pennsylvania, which are currently impossible due to federal court rulings.
Kenyatty and Comitty accounts would change the title 23, which focuses on national relations to redefine marriage as “a civil contract between two people” and repeal this provision.
Federal judge’s decision in the 2014 case, Whitewood against Wolf, The aforementioned discrimination of marriages of people of the same sex is Unconstitutional.
However, Benham said that it is key to having these provisions regarding books Updated in the case of court decisions will be repealed.
“It is critical that our rights and our laws reflect it,” said Benham, who is a Kenyatty’s centenor. “We cannot rely on court decisions that can be repealed to protect the rights of our community.”
According to Kenyatt: selling this to its other legislators comes down to one thing.
“Equality of marriage is the Law of Earth, but Pennsylvania remains one of those states in which we still have bad law in books,” said Kenyatta. “We have the opportunity in this session to complete our business, and this business makes sure that in Pennsylvania we realize that families will look different.”
