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Marriage Marriage Benefits A survey conducted by Equality Advocates has identified 683 Pennsylvania laws that provide benefits or protections to married couples that are not available to same-sex couples. The U.S. General Accounting Office completed a study in 2004 that identified 1,138 federal laws that provide a benefit, protection or obligation to married spouses. Without marriage, only a few of these benefits are available to same-sex couples. Status of Same Sex Marriage in the U.S. and Canada As most people are aware, things are changing rapidly in the United States regarding the rights of same-sex couples to be legally married or have their relationship recognized by state or federal government through a marriage-like process. There are some basic facts that same-sex couples in Pennsylvania need to know regarding marriage. Federal Law In 1996, the federal government passed a law called the Defense of Marriage Act. The DOMA, as it is known, declares that the federal government will not recognize same-sex marriages. This means that, even if a state allows same-sex marriage, same-sex couples who are legally married in that state will not be able to take advantage of federal marital benefits, such as filing joint federal tax returns or Social Security survivor benefits. DOMA also allows individual states to ban same-sex marriage. Congress is also considering a proposed same-sex marriage ban amendment to the United States Constitution, called the Federal Marriage Amendment. This proposed amendment was rejected in 2004, but has been reintroduced in the current legislative session. If such an amendment is passed, it would allow a ban on federal recognition of same-sex marriages to remain, even if the federal DOMA law is found to be unconstitutional. Depending on the wording of the amendment, it might also attempt to keep states from recognizing same-sex marriages. It is much more difficult to pass an amendment to the United States Constitution than it is to pass a law. We will keep you updated on the progress of this issue. Pennsylvania Law Pennsylvania is one of over thirty states that has passed its own version of the Defense of Marriage Act. Adopted in 1996, the “PA DOMA,” as the law is known, does not allow same-sex couples to be legally married in the state. It also prohibits Pennsylvania from recognizing any same-sex marriage entered into in another state or country. Equality Advocates fought against the passage of PA DOMA. The constitutionality of this law has not been challenged in the courts. If you have questions about PA DOMA, you can call Equality Advocates’s legal hotline. Same-Sex Marriage Laws in Other States and Canada Many Pennsylvanians are tempted to go to other states to take advantage of laws that allow same-sex couples some or all of the benefits of marriage. Before you do so, it is important to remember a few crucial things: 1) Pennsylvania will not treat you as though you are married once you return to the state. 2) Pennsylvania may not allow you access to divorce court. You may actually have to move to the state where you received the marriage license or similar document in order to officially break up. 3) The federal government will not treat you as though you are married, even if you move to the state where you received the marriage license or similar document. 4) The law is still extremely unsettled in these areas. If you encounter legal problems because you are attempting to have your out-of-state same-sex marriage or union recognized in Pennsylvania, there is no certain legal outcome, and litigation may be extremely time-consuming and stressful. Equality Advocates strongly encourages you to contact us for help, but neither we nor any other attorney in Pennsylvania can guarantee success. Vermont After the Vermont Supreme Court declared that marriage discrimination violated the Vermont state constitution, the Vermont legislature passed a law in 2000 allowing “civil unions” between people of the same sex. Civil unions are essentially identical to marriage under Vermont state law, except they go under a different name. It is unclear whether the PA DOMA bans civil unions, but the likelihood is that neither Pennsylvania nor the federal government will recognize Vermont civil unions. One important thing to take into consideration is the fact that Vermont has a residency requirement for dissolving a civil union. This means that if you have obtained a Vermont civil union, you cannot dissolve it without having lived in Vermont for a certain period of time. This may create major legal problems if you wish to officially dissolve your union but do not live in Vermont. For a comprehensive guide to Vermont civil unions, visit the state’s official website: http://www.sec.state.vt.us/otherprg/civilunions/civilunions.html. Massachusetts In late 2003, the Massachusetts Supreme Judicial Court ruled that marriage discrimination violates that state’s constitution. Unlike Vermont, however, the Massachusetts Supreme Judicial Court issued an advisory opinion in 2004 stating that passing a Vermont-style “civil union” law, in which same-sex couples would gain all of the benefits of marriage but not the name, was not an acceptable solution. Therefore, in May 2004, Massachusetts became the first state to begin issuing marriage licenses to same-sex couples. Shortly after Massachusetts began issuing marriage licenses, the Massachusetts governor began enforcing a 1913 Massachusetts law, which prohibits non-residents from marrying in Massachusetts if the marriage would be “void if contracted” in their home state. While the governor’s application of this law is currently being challenged in the Massachusetts courts, at this time couples from Pennsylvania cannot marry in Massachusetts. For more information on Massachusetts same-sex marriage, visit the website of Gay & Lesbian Advocates & Defenders, the group that brought the lawsuit in that state: http://www.glad.org. Canada In 2005, Canada became the third country, after Belgium and the Netherlands, to legalize same-sex marriage. Prior to 2005, same-sex marriages had been allowed in some, but not all, Canadian provinces. Same-sex American couples are free to travel to Canada to be married. Their marriages will be recognized in Canada, but probably will not be recognized by the U.S. federal government or the state of Pennsylvania. Canada has a residency requirement for granting a divorce. This means that if you get married in Canada, you can not get a divorce in Canada without having lived there for a certain period of time. The Pennsylvania courts may be unwilling to grant divorces for Canadian same-sex marriages, since Pennsylvania law prohibits the recognition of such marriages. Therefore, marrying in Canada may create legal difficulties for a couple, if they later wish to have their marriage dissolved. You should contact Equality Advocates for more information, if you are facing this problem. Other States There are several states around the country in which there are lawsuits pending seeking equal marriage rights for same-sex couples. For more information on the litigation that is currently ongoing around the country, visit the following sites:
Domestic Partnership and Other Non-Marriage Relationships A number of states have passed laws providing for domestic partnerships or other forms of relationship recognition for same-sex couples. Those states include: New Jersey (domestic partnerships) In addition, some localities have domestic partner registries, which allow couples to register their relationship. The rights and obligations that accompany domestic partnership and other non-marriage statuses vary significantly from state to state. For more information on New Jersey’s domestic partnership law, visit the state’s website at: http://www.state.nj.us/health/vital/dp.shtml. For more information on the other states which have enacted domestic partnership or other relationship recognition legislation, visit the websites of the organizations listed above.
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