University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Palladino v. Corbett PB-PA-0013
Docket / Court 2:13-cv-05641-MAM ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
On September 26, 2013, a same-sex couple, married under the laws of the Commonwealth of Massachusetts, filed suit under 42 U.S.C. § 1983 in the United States District Court for the Eastern District of Pennsylvania. The plaintiffs challenged the constitutionality of Pennsylvania's marriage law, 23 ... read more >
On September 26, 2013, a same-sex couple, married under the laws of the Commonwealth of Massachusetts, filed suit under 42 U.S.C. § 1983 in the United States District Court for the Eastern District of Pennsylvania. The plaintiffs challenged the constitutionality of Pennsylvania's marriage law, 23 Pa. Cons. Stat. § 1704, to the extent it barred recognition of same-sex marriages legally valid under the laws of other states, and Section 2 of the Defense of Marriage Act, 28 U.S.C. § 1738C, to the extent that the Pennsylvania statute purported to be authorized by this federal law.

Specifically, the plaintiffs, represented by private counsel, sought declaratory and injunctive relief including a declaration that Pennsylvania's refusal to recognize marriages validly entered into under the laws of another sovereign state violated the Full Faith and Credit Clause and the fundamental right to travel of the United States Constitution. Plaintiffs also asked the court to declare that the Pennsylvania statute barring same-sex marriage violated the Fourteenth Amendment of the United States Constitution and that Section 2 of DOMA violated the Full Faith and Credit Clause of the United States Constitution. Finally, the plaintiffs asked the court to direct Pennsylvania to recognize the marriage of same-sex couples validly entered into in states other than Pennsylvania.

On May 22, 2014, the Court ordered that the Plaintiffs show cause as to why their case should not be dismissed as moot. The Court then, on September 8, 2014, placed this matter in civil suspense pending an appeal to the United States Supreme Court in Whitewood v. Wolf, another Pennsylvania case challenging the constitutionality of the same-sex marriage ban (PB-PA-0012 in this Clearinghouse).

The Plaintiffs then voluntarily dismissed the case on October 22, 2014, in accordance with the Court's decision in Whitewood permanently enjoining the enforcement of the Pennsylvania same-sex marriage ban.

Carlyn Williams - 10/16/2013
Claire Lally - 04/05/2015


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Equal Protection
Right to travel
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sexual orientatation
General
Disparate Impact
Disparate Treatment
Marriage
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Attorney General's Office
Governor of Pennsylvania
Plaintiff Description Same-sex couple married under laws of Massachusetts seek recognition of their marriage under the laws of Pennsylvania on their own behalf and for their son.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief None
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
click to show/hide detail
Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple’s 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
2:13-cv-05641-MAM (E.D. Pa.) 09/26/2013
PB-PA-0013-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 09/26/2013
PB-PA-0013-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Press Release September 26, 2013 09/26/2013
PB-PA-0013-0002.pdf | Detail
Statement of Interest of the United States 04/04/2014
PB-PA-0013-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 09/08/2014 (E.D. Pa.)
PB-PA-0013-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulated Order of Voluntary Dismissal 10/22/2014 (E.D. Pa.)
PB-PA-0013-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges McLaughlin, Mary A. (E.D. Pa., FISC)
PB-PA-0013-0003 | PB-PA-0013-0004 | PB-PA-0013-9000
Monitors/Masters None on record
Plaintiff's Lawyers Banks, Michael L. (Pennsylvania)
PB-PA-0013-9000
Jerner, Benjamin L. (Pennsylvania)
PB-PA-0013-0001
Kraeutler, Eric (Pennsylvania)
PB-PA-0013-0001
Palmer, Tiffany L. (Pennsylvania)
PB-PA-0013-0001
Defendant's Lawyers Goldberg, Arthur Robert (District of Columbia)
PB-PA-0013-0005
Other Lawyers Delery, Stuart F. (District of Columbia)
PB-PA-0013-0005
Kneedler, Jennie L. (District of Columbia)
PB-PA-0013-0005
Lin, Jean (District of Columbia)
PB-PA-0013-0005
Memeger, Zane D. (Pennsylvania)
PB-PA-0013-0005

- click to show/hide ALL -

new search
page permalink

- top of page -