Lawmakers consider gay marriage amendment

by Jen Rehill
Public Radio Capitol News, serving Pennsylvania

Harrisburg, Pa. (PRCN, March 17, 2008) – State lawmakers are considering a constitutional ban on same-sex marriage in Pennsylvania. The Senate Judiciary Committee today held a lively public hearing on the proposal.

Pennsylvania already has a law prohibiting same-sex marriage – the Defense of Marriage Act.

Maggie Gallagher, of the national Institute for Marriage and Public Policy, says a constitutional amendment is the only way to keep the courts from overturning that law.

"Any same sex couple can create such a court case by going down and asking for a license. Therefore the only way to ensure that the laws you passed are protected, given that we have evidence that courts around the country are at least entertaining overturning these laws, is putting it in the constitution.”

Stacey Sobel, director of Equality Advocates Pennsylvania says a constitutional amendment is a drastic step, and questioned the committee’s decision to hold only one public hearing on the issue.

“Two hours to discuss taking someone’s constitutional rights away is not sufficient. And I say that on a personal note as someone who has a partner of 13 years and has a child. And you are trying to take my rights away as a citizen of this Commonwealth.”

Sobel says if the amendment is adopted, many unmarried Pennsylvanians will be adversely impacted – including elderly couples seeking power of attorney during health crises, and domestic violence victims seeking protection from abuse orders.