Pgh Lesbian Correspondents

Are you thinking – wait, isn’t marriage equality the law since 2014 based on a Supreme Court ruling? The answer is yes. Marriage equality has been legal in Pennsylvania based on court rulings. A state law against marriage equality, a so-called ‘Defense of Marriage Act’, has never been repealed.

This cowardice by Pennsylvania legislators creates a reality where any move by the Supreme Court to restrict or overturn the marriage equality cases would kick things back to the state, essentially activating this bad law.

Let me take this moment to remind you that we have not truly achieved marriage equality in PA or nationwide because people with disabilities and senior citizens are too often unable to marry because they would jeopardize their much needed benefits. This is also one important reason to have strong marriage equivalents like civil unions and domestic partnerships.

So what happened now? The bill in the State House would repeal the DOMA law, replacing language that defines marriage as a union between one man and one woman with language defining marriage as “a civil contract between two individuals.”

The legislation would also remove language that does not recognize marriages performed in other states.

The vote 127-72 to send the measure to the Republican-controlled Senate.

This would bring Pennsylvania law into alignment with judicial rulings. Pennsylvania has not been great on this when it comes to LGBTQ+ related court rulings. Second parent adoptions were not universally available to Pennsylvania couples. In 2002, a case before the PA Supreme Court ruled that a child may be adopted by his or her legal parent’s unmarried partner. The legal adoption process was necessary.

And remains necessary because Pennsylvania’s legislature has not codified this ruling. Far too many same sex couples assume their legal marriage creates a legal parental relationship. That is not the case and every lawyer/advocate under the sun will tell you that you still need to go through the adoption process even though you are married.

In 2025, that same court ruled on a pathway to parenting that is affirming for same sex couples, but shows how much we need good legislation.

Pa legislators have not added nondiscrimination protections, trans affirming measures, hate crimes protections, or much else.

This matters because relying on the Federal Court to make law for Pennsylvanians is not smart or wise governance. We all know that the marriage equality rulings could be in jeopardy. The Heritage Foundation’s Project 2026 has marriage equality squarely in its sites. Roe fell. Our rulings could be next.

If the Senate affirms the legislation, they will protect our marriages. They will protect future marriages. They will pivot to defining marriage as a contractual relationship, a building block that any faith community can use to lift up their own ways, but keeps the government focused on the proper things.

Saying it again for those in the back – none of this will require any faith community or officiant to perform a marriage.

This is where I remind you that I think The Heritage Foundation, white supremacists, rightwing extremist Christians will not be satisfied to simply overturn the ruling and prevent further marriages in some states, anymore than they were satisfied with overturning Roe.

I believe they will want to invalidate all existing marriages between same sex partners. In a normal time, we would rely on ‘grandparenting’ existing folx in to any new law. These are not normal times. The ongoing attempts to isolate and detain trans folx is a masterclass of what to expect.

If you are in a same sex marriage, make sure you get all of your documents in order. Don’t wait. Don’t put your kids in jeopardy because you are too busy to go to the lawyer. Who gets custody of your kid if something happens to you? Well, second parent adoption can ensure your wishes are carried out. Do you know that some pension plans and all Social Security benefits require a ten year marriage, even for those of us who were unable to marry pre-2015? Will you be buried in a dress with full makeup your parents like or cremated and added to the root of a tree like you want? There are documents that can make sure your spouse gets to do your wishes. Will your life insurance support your spouse or someone else with a stronger legal tie?

Don’t assume anything.

Take it from me, spouses have ways of disappointing you and denying you while catching you completely off guard. Extended families can be the same way. 18 year partnership and marriage and I’m left homeless. Not an exaggeration. I thought we had everything sewn up for our marriage. I was wrong.

I’m glad Pennsylvania’s House has passed this legislation and hope we can expect good things from the PA Senate. I’m not optimistic, but we can’t allow ourselves and our families to be put on a backburner. Find your State Senator and reach out to them.

A comparable measure cleared the House last session by a wider 133-68 margin with roughly 32 Republican votes; Wednesday’s bill passed with somewhat narrower bipartisan support.

That earlier version was never brought to a vote in the Senate, per the Lehigh Daily.