GAY MARRIAGE PENNSYLVANIA

Adrian Shanker, of Equality Pennsylvania, speaks during a rally June 26 at Payrow Plaza in Bethlehem. The group was rallying in response to the anticipated U.S. Supreme Court ruling in cases on California's Proposition 8 ban on same-sex marriage and the federal Defense of Marriage Act.

(Express-Times Photo | BILL ADAMS)

UPDATE: Northampton County couple joins in Pennsylvania gay marriage ban challenge

The American Civil Liberties Union said it will file the first known legal challenge today seeking to overturn a state law effectively banning same-sex marriage in Pennsylvania, the only northeastern state that doesn't allow it or civil unions.

The lawsuit, to be filed in federal court in Harrisburg, also will ask a federal judge to prevent state officials from stopping gay couples from getting married. It names Gov. Tom Corbett, Attorney General Kathleen Kane and three other officials. The plaintiffs are one widow, 10 couples and one of the couples' two teenage daughters, and they include four couples who were legally married in other states but whose marriages go unrecognized by the state of Pennsylvania.

Pennsylvania would become the 14th state to legalize gay marriage if the lawsuit is successful. It also would force the state to recognize the legal marriages of all same-sex couples in other jurisdictions.

Plaintiffs together for 22 years

The plaintiffs, including Deb and Susan Whitewood, who have been together for 22 years, said their willingness to join the lawsuit was driven both by a desire to have the same legal and financial protections afforded to opposite-sex couples and the emotional satisfaction of seeking social justice.

"I wanted our relationship to be respected like everybody else's relationship," said Susan Whitewood, 49, who lives in the Pittsburgh suburb of Bridgeville. "That was first and foremost the reason for doing this. I wasn't looking for legal validation."

Her 16-year-old daughter, Abbey, who is also a plaintiff, said she is excited to fight for her family's values.

"I want to prove that young people like myself can change the world if they stand up for what they believe in," she said.

Also among the plaintiffs is a Northampton County couple. Edwin Hill and David Palmer are from the Bangor area, according to a news release from the ACLU.



U.S. Rep. Matt Cartwright, a Democrat who represents part of Northampton County, issued his support this morning for the plaintiffs.



"The plaintiffs who include 10 couples, two minor children of those couples, and one widow who recently lost her partner of 29 years come from across this great commonwealth and from all walks of life," Cartwright said in an email. "They include an emergency room doctor, a nurse, a teacher, university professors, a truck driver, an executive at BNY Mellon, a psychologist, retirees, lawyers, a dog trainer, state employees, an artist, and a stay-at-home mom. Several are veterans. The plaintiffs reflect Pennsylvania's rich diversity: they are African-American, Caucasian, Latino, and Asian; they are Methodist, Baptist, Catholic, Quaker, Jewish, Buddhist, and secular.



"Many have been together for decades, and some are raising children together. The situations faced by these couples are similar to those faced by the thousands of same-sex couples in Pennsylvania who are being denied the basic rights that are afforded by marriage. I stand with these 23 Pennsylvanians."



Detailing the lawsuit

In the lawsuit, the ACLU said banning gay marriage satisfies no legitimate government or child welfare concerns of the state, since Pennsylvania judges routinely grant adoptions to same-sex couples that are viewed as in the best interest of the child.

"It serves only to disparage and injure lesbian and gay couples and their families," the lawsuit said.

The law passed in 1996 with overwhelming majorities in the state Legislature. During debate, the lawmaker who wrote the amendment, Republican House Rep. Allan Egolf, said: "This amendment does not take anything away from anyone that they now have. It is simply an expression of Pennsylvania's traditional and longstanding policy of moral opposition to same-sex marriages."