A RESOLUTION

 

1Urging the executive branch participants in the Whitewood case
2to appeal the decision in order to preserve the right of the
3citizens of this Commonwealth to exercise their
4constitutional and historical prerogative to define marriage.

5WHEREAS, On June 26, 2013, the United States Supreme Court
6issued its opinion in United States v. Windsor; and

7WHEREAS, The court noted that the "recognition of civil
8marriages is central to state domestic relations law applicable
9to its residents and citizens"; and

10WHEREAS, The Windsor Court quoted earlier Supreme Court
11precedent when it explained that the "states, at the time of the
12adoption of the Constitution, possessed full power over the
13subject of marriage and divorce ... [and] the Constitution
14delegated no authority to the Government of the United States on
15the subject of marriage and divorce"; and

16WHEREAS, The court recognized that the "significance of state
17responsibilities for the definition and regulation of marriage
18dates to the Nation's beginning"; and

1WHEREAS, This fundamental jurisprudence which recognized the
2definition of marriage as within the authority of the individual
3states went on to determine that the Federal Defense of Marriage
4Act was unconstitutional only as applied to "marriages made
5lawful by the State"; and

6WHEREAS, On May 20, 2014, a single Federal judge in the
7United States District Court for the Middle District of
8Pennsylvania issued an opinion, captioned Whitewood v. Wolf,
9that Pennsylvania's marriage laws violate the United States
10Constitution; and

11WHEREAS, The Whitewood decision contravenes the United States
12Supreme Court's recent recognition, in Windsor, of the
13sovereignty of the citizens of individual states concerning the
14definition of marriage; and

15WHEREAS, The executive branch participants in the district
16court case have until June 19, 2014, to file a notice of appeal;
17therefore be it

18RESOLVED, That the House of Representatives urge the
19executive branch participants in the Whitewood case to appeal
20the decision in order to preserve the right of the citizens of
21this Commonwealth to exercise their constitutional and
22historical prerogative to define marriage; and be it further

23RESOLVED, That copies of this resolution be transmitted to
24the Governor and the executive branch participants in the
25ongoing Whitewood case.