THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY LEACH AND FARNESE, JUNE 5, 2009
REFERRED TO JUDICIARY, JUNE 5, 2009
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, further providing for definitions;
providing for same-sex marriages; and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "marriage" in section 1102 of
Title 23 of the Pennsylvania Consolidated Statutes is amended to
§ 1102. Definitions.
The following words and phrases when used in this part shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Marriage." A civil contract [by which one man and one woman
take each other for husband and wife] between two people who
enter into matrimony.
* * *
Section 2. Section 1704 of Title 23 is repealed:
[§ 1704. Marriage between persons of the same sex.
It is hereby declared to be the strong and longstanding
public policy of this Commonwealth that marriage shall be
between one man and one woman. A marriage between persons of the
same sex which was entered into in another state or foreign
jurisdiction, even if valid where entered into, shall be void in
Section 3. Title 23 is amended by adding a section to read:
§ 1704.1. Same-sex marriages.
(a) Construction.--Nothing in this title shall be construed
to compel a religious sect to perform same-sex marriages.
(b) Marriages outside Commonwealth.--Marriages performed
legally outside this Commonwealth shall be recognized by the
Section 4. This act shall take effect in 60 days.