Ten years ago, the U.S. Supreme Court issued its landmark decision in Obergefell v. Hodges, declaring that same-sex couples have a constitutional right to marry. That ruling was a monumental victory for equality, love, and dignity. But here in Pennsylvania, a relic of a more discriminatory past still lingers in our law books—a relic that could come roaring back to life if the Court ever reverses course.
It’s time to eliminate that risk. It’s time for the Pennsylvania Senate to pass Senate Bill 434.
The Threat Lurking in Our Statutes
In 1996, Pennsylvania enacted a statutory ban that explicitly defines marriage as a union “between one man and one woman.” It goes further, declaring that any same-sex marriage legally performed in another state or jurisdiction is “void” within the Commonwealth. This provision—Section 1704 of Title 23—has been unenforceable since Obergefell, but it remains embedded in our legal code.
SB 434, introduced by Senator Carolyn Comitta, would change that. It is a short, simple, and long-overdue bill that repeals Section 1704 entirely. It doesn’t create new rights—it ensures that Pennsylvania’s laws reflect the rights already recognized under federal law and supported by a growing majority of Pennsylvanians.
Why This Matters Now
Some may ask: Why bother repealing a law that courts have already invalidated? The answer is both legal and moral.
First, the law is not dead—it’s dormant. If Obergefell were ever overturned, Section 1704 could become enforceable again overnight. In that scenario, Pennsylvania would automatically revert to banning same-sex marriage, unless lawmakers take action now. With recent signals from Supreme Court justices questioning the durability of Obergefell, this is not a far-fetched concern—it’s a present danger.
Second, keeping this discriminatory language on the books sends the wrong message. It implies that same-sex marriages are still unwelcome or second-class in our Commonwealth. Laws shape culture, and repealing Section 1704 affirms our values of fairness and inclusion.
A Bipartisan Opportunity
SB 434 should not be a partisan issue. The bill has support from a broad coalition of lawmakers, civil rights groups, and faith leaders. In 2024, the Pennsylvania House passed a similar measure with bipartisan backing (133–68). The public sentiment is clear, too—more than two-thirds of Pennsylvanians support marriage equality.
By passing SB 434, the Senate has an opportunity to not only align Pennsylvania law with constitutional rights but also demonstrate that the General Assembly can come together to defend basic human dignity.
History Will Remember What We Do
Ten years from now, when we reflect on the legacy of Obergefell, will Pennsylvania still cling to the shadows of its discriminatory past, or will we have taken steps to affirm equality for all?
Passing SB 434 is a chance to do the right thing, not just because courts say we must, but because Pennsylvanians say we should.
The Senate should act swiftly, decisively, and with moral clarity. Repeal the ban. Pass Senate Bill 434.
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