Tuesday, May 10, 2011

Trib is Succinct, Eloquent on Topic of Liberty

Can I just use this as my Blog for Equality Day post?

Lance: To state Rep. Daryl Metcalfe. The Cranberry Republican wants to codify discrimination by amending the Pennsylvania Constitution to deny legal "marriage" to same-sex couples. And the proposed wording of his amendment goes a step further, appearing to not even recognize any other "legal union." But constitutions are not for denying rights; they're for enumerating them. This is poor form, the antithesis of liberty, and the effort should be rejected. (Pittsburgh Tribune-Review, Editorial Board)

This is what progress looks like.

But we do this dance with Metcalfe every year, and it is time for the cohorts of liberty to take to the offensive instead. There is a civil right enshrined in the 14th Amendment to the Constitution known as equal protection under the law. How then does Pennsylvania get away with not recognizing civil unions? If the Commonwealth is in charge of a regime of matrimonial incentives furthering familial stability, it better pony up and get on the business side of the bendy arc of history by passing HB 708 sponsored by Philadelphia's Mark Cohen.

It also makes me wonder. Have two Pennsylvania partners of the same gender ever applied for a marriage license in modern times? Upon being turned away, have they ever just tried suing?


  1. Thanks for the link to the Trib. Well done over there. Your question about marriage ... I do recall a gay couple were filing suit a few years ago, but I think they dropped it. I'll poke around the archives.

    Thank you for participating.

  2. Bram,
    The issue with law suits are that they are costly, and while it seems clear that 14th amendment should be the trick, it isn't so clear that every court will see it that way. Eventually Marriage Equality will be won n the courts as more states pass Marriage Equality, but I'm sure it will go all the way to the Supreme Court. Anyone who chooses to file a suit will need to be ready to take it all the way there- a very costly proposition.

    It will be critical to see how the Prop 8 case in California continues to unfold. That case, coupled with all the suits challenging the Federal DOMA will set the stage for future legal action here in PA.

  3. With the speed at which things are going on the political front, I wouldn't bet on a lawsuit which was filed this year outracing a legislative solution.