By Jim Melwert
PHILADELPHIA (CBS) — A same-sex couple is filing a legal challenge that would force Pennsylvania to recognize out-of-state gay marriages.READ MORE: Body Of 19-Year-Old Irving Mayren-Guzman Found In Marshy Area Near Pleasantville Strip Club
The case involves two women who were legally married in 2005, when they lived in Massachusetts. But when they moved to Pennsylvania in 2009, their marriage was not recognized under state law.
Now, a motion for summary judgement has been filed in US District Court in Philadelphia that would force Pennsylvania to recognize their marriage.READ MORE: Murder Trial Underway For Man Accused Of Killing Wife, Mother-In-Law Over Missing Magazine For Handgun
“The basis of the argument is, under the 14th Amendment of the United States, it violates both due process and equal protection,” says Malcolm Lazin, executive director of Equality Forum. “It violates the ‘full faith and credit’ clause of our Constitution, and also the judicially recognized right to travel.”
Lazin says this could be the next major gay marriage case to reach the US Supreme Court. And if it does, it could change gay marriage laws in the roughly thirty states that have statutes similar to Pennsylvania’s.MORE NEWS: Philadelphia Mayor Jim Kenney Undergoes Successful Surgery To Treat Irregular Heartbeat