Although opposed by Lebanon County’s three members, the Pennsylvania House of Representatives has passed a bill that could change the state’s legal definition of “marriage,” in effect recognizing same-sex marriages.
House Bill 2269 declares that a marriage is “a civil contract between two individuals.” It was approved by the House with bipartisan support on July 2.
The bill cannot become law unless it is also approved by the Republican-controlled state Senate and signed by the governor.
Pennsylvania law has defined “marriage” since 1996 as “a civil contract by which one man and one woman take each other for husband and wife.”
Since then, Pennsylvania law has also said that “[i]t 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.”
Those definitions have been unenforceable since 2015, when the U.S. Supreme Court legalized same-sex marriage nationwide in Obergefell v. Hodges.
The 5-4 decision in Obergefell requires all states to perform and recognize same-sex marriages on the same terms and conditions as the marriages of opposite-sex couples, with equal rights and responsibilities.
If HB 2269 becomes state law, the new definition – “a civil contract between two individuals” – would bring Pennsylvania in line with Obergefell.
Lebanon County’s three state representatives – Russ Diamond (R-102), John Schlegel (R-101) and Tom Jones (R-98) – voted against HB 2269.
Diamond said in an email that “HB2269 would make no practical difference in Pennsylvania as long as Obergefell v. Hodges is in effect. However, if Obergefell is overturned as Roe v. Wade was, Pennsylvania’s Domestic Relations Code as it defines marriage will once again become meaningful and deserving of a more serious legislative conversation which would reflect the will of the people of Pennsylvania and the legitimate interests of the state regarding marriage.”
Asked if he has any position on overturning Obergefell, Diamond replied, “Only that it has been discussed by others as a possibility.”
He added that “HB2269 has zero chance of advancing in the Senate in the current legislative session. The prime sponsor [Philadelphia Rep. Malcolm Kenyatta (D-108)] is well aware of this, and as such the bill is little more than an election year political stunt for him as he attempts to run for statewide office. Unfortunately, this falls well within the current modus operandi of Democrats to legislate with an eye on the next election rather than on what is best for the commonwealth.”
Asked via email why he voted “no,” Schlegel responded, “People use a number of options to join together. They refer to themselves as married.”
Asked for clarification, he added “Same sex unions are legal. Same sex couples have number of options to join together. They refer to themselves as married. If there is a legal argument that is used to overturn the court decision, a larger conversation will most likely take place about the concept of marriage. Given the court ruling, the bill is not necessary.”
Asked if he has any position on overturning Obergefell, Schlegel replied, “I am not aware currently of a new legal argument that I believe the court would agree to hear.”
Jones had not responded by publication time to LebTown’s requests to explain why he opposed HB 2269 or if he has a position on overturning Obergefell.
HB 2269 now moves to the Pennsylvania Senate. Lebanon County’s state senator, Chris Gebhard (R-48), had not responded by publication time to LebTown’s requests for his thoughts on HB 2269 and the possible overturning of Obergefell v. Hodges.
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