Posts Tagged “Whitewood v. Wolf”
The fight for marriage equality has entered into a new phase garnering a different perspective with respect to legal strategy. Pennsylvania joined the ranks (becoming the 19th state) on May 20 when U.S. District Judge John E. Jones III of the Middle District of Pennsylvania declared that Pennsylvania’s version of the Defense of Marriage Act was unconstitutional, ruling in favor of the plaintiffs in Whitewood v. Wolf, 2014 U.S. Dist. LEXIS 68937 (May 20, 2014). The elation was palpable in Philadelphia, as hundreds of LGBT individuals and their allies gathered on the steps of City Hall to celebrate no longer being second-class citizens in Pennsylvania, alongside the American Civil Liberties Union, the Whitewood legal team of Hangley Aronchick Segal Pudlin & Schiller and several of the plaintiffs.
Of the same-sex marriage rulings that occurred in other states so far this year—Utah, Oklahoma, Texas, Virginia, Michigan, Oregon, Arkansas and Idaho—seven (except for Oregon) had their rulings stayed pending appeal, and thus those cases have been kicked up to their respective circuit courts. Unlike most other marriage equality cases, Pennsylvania’s decision was not appealed.
The fight for marriage equality in Pennsylvania may finally be coming to an end. There are multiple same-sex marriage cases that have been filed in Pennsylvania, but the American Civil Liberties Union and Hangley Aronchick Segal Pudlin & Schiller’s Whitewood v. Wolf, No. 13-1861-JEJ, filed a motion for summary judgment April 21 that was not contested. The case was brought on behalf of 21 plaintiffs (10 couples and one child) alleging that Pennsylvania’s state Defense of Marriage Act (DOMA) violated the Equal Protection Clause of the 14th Amendment and argues that the law substantially effects the fundamental right to marry and discriminates based on sex and sexual orientation. Originally set to be heard in June, we could have a ruling from U.S. District Judge John E. Jones of the Middle District of Pennsylvania as early as today.