Same Sex Consortium Claims in PA?
Middle District of Pennsylvania Judge Jones has ruled that Pennsylvania’s ban on same-sex marriage is unconstitutional. In so holding, he joins other federal courts that have rejected the proposition that marriage can only be entered into by opposite-sex couples. This was the first case to challenge Pennsylvania’s ban on same-sex marriages since the U.S. Supreme Court’s landmark decision in United States v. Windsor. In Windsor the Supreme Court declared the federal Defense of Marriage Act’s (DOMA) definition of marriage, which defined marriage as being between one man and one woman, unconstitutional. Following the court’s decision, Pennsylvania governor, Tom Corbett, announced that he would not appeal the decision. Corbett noted the difficult legal threshold he would have to meet on appeal, as Judge Jones had examined the state’s marriage law under the intermediate level of heightened scrutiny after determining that classifications based on sexual orientation were quasi-suspect. This decision will make Pennsylvania the 19th state to now allow for same-sex marriages. Consequently, as Corbett is not appealing the ruling, Judge Jones’ decision will stand and Pennsylvania’s marriage ban will cease to exist. Some of the changes that may arise from this decision include changes to loss of consortium claims and possible effects regarding case valuation as a jury’s own personal opinions on this issue may play into the damages being awarded. Special thanks to Colleen Hayes for her contributions to this post. For more information, please contact Bob Cosgrove at rcosgrove@wcmlaw.com.
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