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Same Sex Couples Can Marry

Massachusetts highest court ruled on February 4, 2004, that anything less than same sex marriages is unconstitutional. The court's decision will stand until 2006, when a constitutional amendment defining marriage as a union between one man and one woman can placed on the ballot. In response, the lawmakers in Massachusetts are preparing to vote on a proposed amendment to the state's constitution that would seek to make the court's ruling moot, by defining marriage as a union between one man and one woman, thus expressly making same sex marriages illegal in Massachusetts.

In a similar decision issued in Vermont in 1999, Vermont's highest court told the Vermont lawmakers that it could allow gay couples to marry or it could create a separate category with the same rights and benefits of marriage. The Vermont lawmakers chose to create a separate category called "civil unions".

The Massachusetts decision made no mention of the Vermont law on civil unions, pointing instead to a recent Ontario, Canada decision which changed the definition of marriage to include gay couples. The Massachusetts high court stated that any category short of marriage would establish an "unconstitutional, inferior and discriminatory status for same sex couples." "The history of our nation has demonstrated that separate is seldom, if ever equal."

What will happen in Pennsylvania remains to be seen. Pennsylvania does not recognize same sex marriages or civil unions at the present time.


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If spouses cannot fairly divide the marital property, the court will divide it as fairly as possible. Marital fault is not a consideration in property division. In Pennsylvania, property acquired during the marriage is jointly owned regardless of title. The court considers the duration of the marriage, individual assets and potential for bringing in money, how much each contributed to the marital property, including homemaking, and who will have physical custody of the children.
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