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04/18/2024 07:25 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=14493
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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: April 8, 2014 10:35 AM
From: Representative Michael H. Schlossberg
To: All House members
Subject: Divorce Equality in Pennsylvania
 
In the very near future, I plan to introduce legislation that will amend Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes for the purpose of adding Section 1704.1 (Same-Sex Unions Legally Entered Into Outside Commonwealth). Specifically, my proposal recognizes a marriage, civil union, domestic partnership, or substantially equivalent legal relationship entered into in another state or jurisdiction, for the sole purpose of granting a divorce or annulment.

Currently, marriage is defined in Pennsylvania as a civil contract by which one man and one woman take each other for husband and wife. Although Pennsylvania does not recognize same-sex marriages, 17 states are allowing individuals of the same sex to legally consummate their relationship. However, if a same-sex couple wishes to divorce, many states are requiring permanent residency prior to the courts granting such dissolution. My proposal allows same-sex couples who legally solidified their relationship in another state or jurisdiction, to dissolve that union in Pennsylvania.

Furthermore, my proposal applies many of the same legal protections granted to a divorce or annulment proceeding between individuals of the opposite sex, to a divorce or an annulment proceeding of a same-sex couple. The following provisions include dissolution of marital status, property rights, alimony and support, general provisions, support matters, and child custody.

Most of us know the pain of unhappy relationships and the difficulty of starting over. The legal proceedings of ending a marriage can be expensive and heart-breaking. But what if you could not end your relationship, and could never obtain legal and emotional closure? Pennsylvania’s laws currently prevent that legal and emotional closure from occurring for same-sex couples, something that would be difficult to defend for opposite sex couples who wish find the same relief.

If you have any questions about this particular piece of legislation, please contact my Legislative Assistant Geoff Brace (gbrace@pahouse.net).



Introduced as HB2262