Philadelphia same-sex couple files motion demanding decision on state recognizing their marriage

Gay marriage philadelphia demonstration
A demonstration for gay marriage rights. Credit: Metro file photo

Cara Palladino and Isabelle Barker were married in 2005 in Massachusetts, when it was the only state that recognized gay marriages.

But now they reside in Philadelphia, a state where their marriage is not legally recognized.

They intend to change that.

“While you can be married in 17 states and the District of Columbia, in 30 of the states that marriage is not recognized,” said Malcolm Lazin, Executive Director of Equality Forum, which supports Barker and Palladino. “Therefore, legally married same-sex couples are treated in a prejudicial way, and certainly contrary to the entire history of the nation, where we’ve always accepted the marriages of sister states and foreign nations.”

Barker and Palladino both work at Bryn Mawr College and reside in Philadelphia.

They first filed a lawsuit against Attorney General Kathleen Kane and Gov. Tom Corbett in September asking the state to recognize their marriage.

Today, they filed a motion for summary judgment in the suit, asking that a judge skip the facts in between and decide the case now.

The suit was in part inspired by U.S. v. Windsor, a case which ended in June with a Supreme Court decision that found the term “spouse” and “marriage” did not only apply to heterosexual pairings.

On the grounds of that decision, Barker and Palladino believe that it is unconstitutional for the state of Pennsylvania to refuse to recognize gay marriages as legally sound.

They also claim they are being denied about 670 state marital benefits, such as the right to file a joint tax return, and 1,138 federal marital benefits.

“There’s some really basic, human aspects to this,” Lazin said. “Roughly five years ago, Isabelle had their son. Under family law across the country its assumed that a child born within wedlock is the child of both parents. Here, Pennsylvania law does not assume that. So they had to go through what is called second child adoption.”

A decision on the summary judgment motion will likely not be returned for a few months.

____________________

Follow Sam Newhouse on Twitter: @scnewhouse

Follow Metro Philadelphia on Twitter: @metrophilly

Follow Metro Philadelphia on Facebook: Metro Philadelphia



News
Entertainment
Sports
Lifestyle
Local

Drive charged in fatal hit and run, police…

The NYPD has arrested a man they say is responsible for a fatal hit and run in Manhattan last weekend. Doohee Cho, 33, was hit…

Local

Mayor de Blasio raises minimum wage for some…

Mayor Bill de Blasio signed an executive order Tuesday morning that will raise the minimum wage for workers employed by private companies that receive more…

National

3 myths about the working poor

Linda Tirado works to debunk some common stereotypes about the working poor in her new book, "Hand to Mouth."

Money

Lawsuit funding advances: friend or foe?

Reporter was commissioned to write this in-depth article Many plaintiffs awaiting resolution of their lawsuit or legal claim often find themselves in a tricky financial…

Entertainment

Interview: Metro chats with filmmaker Meir Kalmanson, man…

A New York filmmaker hands out smiles to its residents.

Television

TV watch list, Tuesday, Sept. 30: 'Selfie,' 'Utopia'…

'Selfie' This modern day take on the "My Fair Lady" story stars John Cho in the Henry Higgins role. Perhaps instead of "the rain in…

Music

Can't-miss weekend events continue to attract the masses

Reporter was commissioned to write this in-depth article Earlier this summer, the Firefly Music Festival drew crowds of tens of thousands of people to Dover, Delaware.…

Arts

Artist Laurent La Gamba uses cars to create…

An artist managed to make his friends and family ‘disappear’ – by blending them in with their surroundings using paint.

NFL

Ryan Quigley making a big impact for Jets…

Ryan Quigley, now in his second year as the Jets punter, had an exceptional afternoon with six punts for an average of 51.7 yards per punt.

NFL

3 positives to take from Jets loss to…

The Jets suffered another loss Sunday — 24-17 to the Lions — but the reason why it hurts so much for Jets fans is that…

MLB

Joe Girardi not confident David Robertson will return…

David Robertson was as seamless as anyone could be replacing Mariano Rivera as he converted 39 saves, with a 3.08 ERA and 96 strikeouts in 64 1/3 innings.

NBA

Carmelo Anthony preaches patience with new coach, offense

While star forward Carmelo Anthony said he’s “enthusiastic” and “optimistic” for the upcoming season, he still wants everyone — from within the locker room and…

Education

At one university, college students get to study…

We all know that college students love coffee. Widener University is taking that love to a new level with its Cultivation to Cup program. Inside…

Travel

Top celebrity wedding spots from Cheapflights.com

Cheapflights.com picks the best places around the world to tie the knot like George Clooney and Amal Alamuddin. As George Clooney and Amal Alamuddin wed…

Education

How to ace your private school interview

Getting ready for a private school interview can be daunting for many, most of whom might never have been in an interview situation before. We’ve…

Education

5 questions parents should ask while visiting private…

It can be hard to know what to look for when searching for a new school for your child. Parents considering several different schools can…