Pa. House passes bill to repeal state’s same-sex marriage ban

Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Democratic-controlled Pennsylvania House of Representatives on July 2 passed a bill that would repeal the state’s same-sex marriage ban. 

The marriage bill passed by a 133-68 vote margin, with all but one Democrat voting for it. Thirty-two Republicans backed the measure.

The bill’s next hurdle is to pass in the Republican-controlled Pennsylvania Senate.

State Rep. Malcolm Kenyatta (D-Philadelphia), a gay man who is running for state auditor, noted to the Pittsburgh Tribune-Review the bill would eliminate a clause in Pennsylvania’s marriage law that defines marriage as “between one man and one woman.” The measure would also change the legal definition of marriage in the state to “a civil contract between two individuals.”

Kenyatta did not return the Washington Blade’s requests for comment.

The U.S. Supreme Court in 2015 in Obergefell v. Hodges extended marriage rights to same-sex couples across the country. 

Justice Clarence Thomas in the 2022 decision that struck down Roe v. Wade said the Supreme Court should reconsider the Obergefell decision and the Lawrence v. Texas ruling that said laws that criminalize consensual same-sex sexual relations are unconstitutional. President Joe Biden at the end of that year signed the Respect for Marriage Act, which requires the federal government and all U.S. states and territories to recognize same-sex and interracial marriages.

Republican Virginia Gov. Glenn Youngkin earlier this year signed a bill that codified marriage rights for same-sex couples in state law. Pennsylvania lawmakers say the marriage codification bill is necessary in case the Supreme Court overturns marriage rights for same-sex couples in their state and across the country.

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