Federal Judge Declares Pennsylvania’s Ban On Gay Marriage Unconstitutional

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A federal judge declared Pennsylvania’s ban on gay marriage unconstitutional on Tuesday.

Judge John Jones released his opinion saying “Pennsylvania’s marriage laws violate both the due process and equal protection clauses of the 14th amendment to the United States constitution.”

In his decision Jones wrote, “same-sex couples who seek to marry in Pennsylvania may do so, and already married same-sex couples will be recognized in the Commonwealth.”

Several couples sued the state in July for the right to marry in Pennsylvania or to have their out-of-state same-sex marriages recognized.

Judge Jones wrote, “in future generations the label same-sex marriage will be abandoned, to be replaced simply by marriage. We are better people than what these laws represent, and it is time to discard them into the ash heap of history.”

USA Today reports:

The state’s Democratic attorney general, Kathleen Kane, had declined to defend the law in court. GOP Gov. Tom Corbin took up the case, however, with lawyers for his administration arguing that states have the right to determine the definition of marriage.

On Monday, a federal judge in Oregon overturned Oregon’s ban on same-sex marriage. State officials there also declined to defend a ban, citing last year’s U.S. Supreme Court ruling that tossed out key parts of the federal Defense of Marriage Act.

Judges have tossed out similar bans in a half dozen states since the Supreme Court decision.

The Pennsylvania lawsuit, filed by the state American Civil Liberties Union, claimed the state’s own Defense of Marriage Act and its refusal to marry lesbian and gay couples or recognize their out-of-state marriages violates the fundamental right to marry — and, by discriminating based on sexual orientation, the Equal Protection Clause of the Fourteenth Amendment.