THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY LEACH AND FARNESE, JUNE 5, 2009

REFERRED TO JUDICIARY, JUNE 5, 2009  

AN ACT

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

read:

§ 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  Section 1704 of Title 23 is repealed: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

this Commonwealth.]

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

Commonwealth.

Section 4.  This act shall take effect in 60 days.