Suit challenges Pa.'s non-recognition of gay union

Published on NewsOK Modified: September 26, 2013 at 4:02 pm •  Published: September 26, 2013
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PHILADELPHIA (AP) — Two women who wed in Massachusetts before moving to Pennsylvania asked a federal court on Thursday to force their new home state to recognize the marriage, as it does for opposite-sex couples.

The plaintiffs, Isabelle Barker and Cara Palladino, say they are being denied about 600 marriage-related benefits, from filing joint state tax returns to co-owning property. They also have encountered reams of paperwork for health care coverage and prepared legal documents to protect the interests of their son — red tape they say wouldn't be needed if their marriage was recognized.

"My Massachusetts marriage certificate is the same as any other couple that comes from Massachusetts," Palladino said. "It seems to me that that's the essence of discrimination. If you're taking the same piece of paper and you're treating it differently because of our status, that doesn't seem fair."

Pennsylvania is the only state in the northeastern U.S. without same-sex marriage or civil unions. Like 36 other states, it also does not recognize gay marriages performed legally in other jurisdictions. The lawsuit filed Thursday asks a judge to declare unconstitutional the state law barring recognition of such unions.

At a news conference overlooking Independence Hall, lawyers for Barker and Palladino said the statute infringes on the pair's constitutional right to travel among states without penalty and violates the guarantee that states will respect each other's judgments and decrees.

The lawsuit notes Pennsylvania honors opposite-sex marriages performed elsewhere "without qualification or question." Yet the plaintiffs "are denied the basic rights that were conferred on them by another sovereign state, solely because of a discriminatory, arbitrary and irrational distinction," it says.

Palladino and Barker lived in Massachusetts when they got married in 2005 and moved to Philadelphia later that year when Barker got a job at Bryn Mawr College. The couple had a son in 2009, and Barker said the boy has begun asking if his parents are married.

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