Plaintiffs in Gay-Marriage Case Fight Interlocutory Appeal
The Legal Intelligencer
December 4, 2013

The first case to challenge Pennsylvania’s ban on same-sex marriage shouldn’t leap past its June trial date in order to go to the Third Circuit, the plaintiffs argued in response to the Corbett administration’s motion for interlocutory appeal. Full Text


Pennsylvania’s Gay-Marriage Ban to Be Tried in June
The Legal Intelligencer
November 25, 2013

The first legal challenge to Pennsylvania’s ban on same-sex marriage is set for trial in June after a decision at a case-management conference by U.S. District Judge John E. Jones III of the Middle District of Pennsylvania. Full Text


First Challenge to Gay-Marriage Ban Headed for Trial
The Legal Intelligencer
November 18, 2013

The first challenge to Pennsylvania’s ban on same-sex marriage appears headed to trial now that it has survived motions to dismiss. Full Text



Local Lawyer Wins Recognition From National Family Law Group
The Legal Intelligencer
November 18, 2013

David Hofstein doesn’t plan on resting on his laurels after being named 2013 Fellow of the Year by the American Academy of Matrimonial Lawyers; he said there are many AAML projects he is staying involved with. Full Text


Pa. Rep. Proposes Ban on State Gay-Conversion Therapies
The Legal Intelligencer
November 13, 2013

State Rep. Brian Sims, D-Philadelphia, announced his intention to introduce legislation this term that would effectively ban all gay-reparative or conversion therapies in the state of Pennsylvania. Collectively, such therapies are known as sexual orientation change efforts (SOCE). The Protection of Minors From Sexual Orientation Change Counseling Act, or SB 872, sponsored by Sims and Rep. Gerald Mullery, D-Luzerne, states, “A mental health professional shall not engage in sexual orientation change efforts with an individual under 18 years of age.” If passed, this legislation could end the litany of medical, psychological and spiritual mistreatments that have done irreparable damage to generations of LGBT youth in Pennsylvania. Full Text


Revenue Secretary Named Defendant in Same-Sex Marriage Case
The Legal Intelligencer
November 8, 2013

Since dropping Gov. Tom Corbett as a defendant in the federal suit challenging the state’s ban on same-sex marriage, the plaintiffs in the case have amended their complaint, hewing more closely to their grievances related to tax-filing status and death certificates. Full Text


Corbett Dropped From Same-Sex Marriage Challenge
The Legal Intelligencer
November 4, 2013

At the same time the Corbett administration filed its objections to a challenge to Pennsylvania’s ban on same-sex marriage in state court, the governor was let out of a similar federal suit. Full Text


Couple Answers Objections to Same-Sex Marriage Ban Challenge
The Legal Intelligencer
October 30, 2013

The couple who filed a challenge to Pennsylvania’s ban on same-sex marriage in September has answered the Corbett administration’s objections to their suit. Full Text


Plaintiffs Press Challenge to Same-Sex Marriage Ban
The Legal Intelligencer
October 24, 2013

Plaintiffs in the first federal suit filed in Pennsylvania challenging the state’s ban on same-sex marriage have submitted their briefs in opposition to the Corbett administration’s motion to dismiss. Full Text


Challenge to Pa. Gay-Marriage Ban on Fast Track
The Legal Intelligencer
October 10, 2013

The federal judge hearing a challenge to Pennsylvania’s ban on same-sex marriage said he will decide by mid-November if there’s anything left of the case to go to trial. Full Text


Sovereign Immunity Raised in Challenge to Same-Sex Marriage Ban
The Legal Intelligencer
October 9, 2013

Attorneys retained by the Corbett administration have responded to two of the lawsuits challenging Pennsylvania’s ban on same-sex marriage. Full Text


Same-Sex Consortium Claim to Get Second Look in Med Mal Case
The Legal Intelligencer
October 3, 2013

A state court judge has effectively revived the loss of consortium claim brought by a same-sex couple in a medical malpractice suit against Temple University Health System by granting immediate appeal from the July order dismissing the claim. Full Text


New Challenge to Same-Sex Marriage Ban Strikes at DOMA
The Legal Intelligencer
September 27, 2013

The headwind against Pennsylvania’s ban on same-sex marriage, which began with the U.S. Supreme Court’s June decision striking down DOMA’s restriction of marriage to one man and one woman, gathered force Thursday as a suit was filed in Philadelphia challenging as unconstitutional DOMA’s permission for states to disregard same-sex unions made in other states. Full Text


Couples Sue in State Court Over Pa. Ban on Same-Sex Marriage
The Legal Intelligencer
September 26, 2013

Pennsylvania’s ban on same-sex marriage is now being challenged on two fronts. Full Text


.Hanes May Be Right, but Still on Wrong Side of the Law
The Legal Intelligencer
September 26, 2013

Montgomery County Register of Wills D. Bruce Hanes, who issued marriage licenses to 174 same-sex couples, is appealing an order by Commonwealth Court President Judge Dan Pellegrini to stop, citing the Pennsylvania 1996 law that defines marriage as only between a man and a woman. While Hanes is on the right side of history, he is currently on the wrong side of the law. Full Text


Clerk to Appeal Order Halting Gay-Marriage Licenses
The Legal Intelligencer
September 18, 2013

D. Bruce Hanes, the clerk in Montgomery County who had been issuing marriage licenses to same-sex couples until he was ordered to stop last week, is appealing the Commonwealth Court’s decision. Full Text


Montco Clerk Ordered to Stop Same-Sex Marriages
The Legal Intelligencer
September 13, 2013

The Montgomery County clerk who started issuing marriage licenses to same-sex couples this summer has been ordered to stop by the Commonwealth Court. Full Text


State Opposes Same-Sex Couples’ Bid to Join Montco Case
The Legal Intelligencer
August 29, 2013

The Corbett administration has responded to the August 19 petition filed by more than two-dozen same-sex couples seeking to intervene in the state’s suit against the Montgomery County register of wills, who issued the couples marriage licenses following the U.S. Supreme Court’s ruling in United States v. Windsor?The state filed a brief in opposition, along with an answer and new matter, to the couples’ petition for leave to intervene in the Commonwealth Court on Wednesday. Full Text


Date Set for Montco Same-Sex Marriage Suit; Newlyweds to Join?
The Legal Intelligencer
August 21, 2013

More than two-dozen same-sex couples who got marriage licenses in Montgomery County are asking to intervene in the case filed by the state against the county’s clerk of the Orphans’ Court, who issued the licenses. Full Text



The Golden Door Finally Opens for Same-Sex Couples
The Legal Intelligencer
August 21, 2013

Emma Lazarus’ words immortalized on the Statue of Liberty welcome the “tired, poor, huddled masses yearning to breathe free” to the proverbial “golden door” to the country at nearby Ellis Island. As a culture, we have taken historical liberty with Lazarus’ poem and heavily romanticized our history of immigration. Our parents and grandparents — so the story goes — left their homelands with little more than a few dollars in their pockets and a dream of starting a life in the United States to escape tyranny, persecution and lack of economic opportunity abroad. Full Text


Judge Pitched on Legalization of Gay Marriage Exhibits Caution
The Legal Intelligencer
August 20, 2013

A New Jersey judge heard arguments Thursday on whether the U.S. Supreme Court’s invalidation of part of the Defense of Marriage Act requires legalizing same-sex marriage in the state. Full Text


Estate Planning Benefits and Taxes After Windsor
The Legal Intelligencer
August 16, 2013

The US Supreme Court ruled the Defense of Marriage Act unconstitutional. The same day that decision was issued, the court also dismissed an appeal aimed to uphold the California Proposition 8 ban on same sex marriage. As a result of these decisions, same-sex couples are now able to marry in California, and once married, to enjoy all of the same benefits that heterosexual couples have under federal law. Full Text


Same-Sex Couple Seeking To Revive Consortium Claim
The Legal Intelligencer
August 15, 2013

A same-sex couple whose loss of consortium claim in a medical malpractice suit was dismissed given they weren’t considered married in Pennsylvania is seeking permission to appeal the ruling in light of the U.S. Supreme Court’s recent DOMA decision. Full Text


Plaintiffs in Judicial Retirement Suit Cite Windsor
The Legal Intelligencer
August 9, 2013

Mandating that Pennsylvania’s judges retire in the year they turn 70 cannot be upheld even under the lowest standard of constitutional review, a group of judicial plaintiffs argued in court papers. Full Text


Same-Sex Marriage Lawsuits Following Different Paths
The Legal Intelligencer
August 8, 2013

It appears a state court action implicating the constitutionality of Pennsylvania’s ban on same-sex marriage could reach at least a partial resolution before a previously filed federal action that tackles the issue head-on. But disputes over jurisdiction and standing might delay a ruling on the issue of whether the state’s law is enforceable. Full Text


Supreme Court Declares DOMA Unconstitutional
The Legal Intelligencer
June 26, 2013

A divided U.S. Supreme Court today declared unconstitutional the Defense of Marriage of Act of 1996, which blocked federal benefits to same-sex couples. Justice Anthony Kennedy delivered the opinion for the court. Full Text


Montco: Pa. Same-Sex Marriage Ban Unconstitutional
The Legal Intelligencer
August 5, 2013

Montgomery County Solicitor Raymond McGarry said Friday the Pennsylvania Department of Health has no standing to challenge the county’s issuance of marriage licenses to same-sex couples and the Commonwealth Court has no jurisdiction to hear the case — and even if they do, the law barring same-sex marriage in the state is unconstitutional. Full Text


Corbett Sues to Stop Montco Same-Sex Marriage Licenses
The Legal Intelligencer
July 31, 2013

The Corbett administration has sued Montgomery County Register of Wills D. Bruce Hanes, seeking a court order to stop Hanes from issuing marriage licenses to same-sex couples in the county. Full Text


General Counsel to Defend State DOMA
The Legal Intelligencer
July 31, 2013

Pennsylvania Governor Tom Corbett’s Office of General Counsel will take up the defense of the state’s ban on gay marriage after Attorney General Kathleen Kane announced that she wouldn’t defend the measure in a case brought by several same-sex couples who are challenging the 1996 law. Full Text


Court Recognizes Same-Sex Marriage in Cozen Benefits Row
The Legal Intelligencer
July 30, 2013

In the wake of the U.S. Supreme Court’s decision in United States v. Windsor, a Pennsylvania federal judge has ruled the wife, and not the parents, of a deceased female Cozen O’Connor partner is entitled to her profit-sharing benefits. Full Text


Montco’s Same-Sex Marriage Licenses Could Spur Challenge
The Legal Intelligencer
July 26, 2013

Aside from buying dresses and hiring caterers, the next thing to stem from a Montgomery County official’s decision to issue marriage licenses to same-sex couples could be a legal challenge. Full Text


Judge Nixes Same-Sex Couple’s Loss of Consortium Claim
The Legal Intelligencer
July 25, 2013

A Philadelphia judge has thrown out the loss of consortium claims raised by a same-sex couple in a medical malpractice case against Temple University Health System. Full Text


Legal Implications of Kane’s Gay-Marriage Move Uncertain
The Legal Intelligencer
July 23, 2013

Whether the state attorney general is able to delegate the defense of Pennsylvania’s ban on gay marriage to the Office of General Counsel hinges on an interpretation of the Commonwealth Attorneys Act, lawyers familiar with government practice have told Pennsylvania Law Weekly. Full Text


Cozen O’Connor Same-Sex Marriage Case Back on
The Legal Intelligencer
July 19, 2013

A federal judge in Philadelphia has reinstated to an active docket a case involving whether the parents or former wife of a deceased female Cozen O’Connor partner are entitled to her profit-sharing plan benefits. Full Text


Kane Won’t Defend Pa.’s Ban on Gay Marriage
The Legal Intelligencer
July 12, 2013

Pennsylvania Attorney General Kathleen Kane announced Thursday that she will not defend the state’s ban on gay marriage after the American Civil Liberties Union filed a suit Tuesday challenging the law. Full Text


Pa. Same-Sex Marriage Suit Picks Up Where Perry Left Off
The Legal Intelligencer Blog
July 10, 2013

The 10 couples and one widow who are suing the Corbett administration for the right to marry in Pennsylvania may end up allowing the U.S. Supreme Court to answer the question it left open last month when it declined to address the merits in the case challenging California’s ban on gay marriage, Hollingsworth v. Perry. Full Text


U.S. Lawmakers Back Out of Cozen Same-Sex Marriage Case
The Legal Intelligencer Blog
July 9, 2013

Paul D. Clement and his firm have withdrawn their client from an Eastern District of Pennsylvania case that raised questions of the constitutionality of the Defense of Marriage Act. Full Text


Justices Strike Down DOMA in Landmark Ruling
The Legal Intelligencer
June 27, 2013

Marking a major civil rights turning point, the U.S. Supreme Court on Wednesday struck down Section 3 of the Defense of Marriage Act and paved the way for equal treatment under federal law of legally married same-sex couples. Full Text


Prop 8 Ruling Vindicates Lawyers’ Risky Strategy
The Legal Intelligencer
June 27, 2013

A calculated, and once criticized, legal strategy to move the issue of gay marriage quickly to the U.S. Supreme Court culminated in victory on Wednesday as the justices effectively cleared the way for same-sex marriages in California. Full Text