Federal Judge Throws Pennsylvania's Gay-Marriage Ban 'Into Ash Heap of History'

By Leah Marianne Klett
A ''Sad Day'' for Pennsylvania
Federal Judge John E. Jones III has declared Pennsylvania's ban on gay marriage "unconstitutional."  www.usatoday.com

A federal judge declared Pennsylvania's ban on gay marriage unconstitutional Tuesday, saying it's time to toss such laws "into the ash heap of history."

USA Today reports that Judge John Jones III, who appointed by Republican President George W. Bush, makes Pennsylvania the last Northeast state to allow same-sex marriages.

This ruling follows closely on the footsteps of Oregon becoming the 18th state where gay couples can marry.

In the past five months, federal judges in 10 states and a state judge in Arkansas have struck down bans on same sex marriage. Appeals are under way in Utah, Oklahoma, Virginia, Texas, Michigan, Kentucky, Ohio, Tennessee and Idaho. Eventually, one or more of those cases is expected to reach the Supreme Court - perhaps as soon as next year.

Although a 1996 state law defines marriage as a union between a man and a woman, twenty-one Pennsylvanians sued the state last July for the right to marry there or to have out-of-state marriages recognized. The lawsuit, filed by the state American Civil Liberties Union, claimed the state's own Defense of Marriage Act and its refusal to marry lesbian and gay couples or recognize their out-of-state marriages violates the fundamental right to marry - and, by discriminating based on sexual orientation, the Equal Protection Clause of the 14th Amendment.

"Plaintiffs suffer a multitude of daily harms, for instance in the area of child-rearing, health care, taxation and end-of--life planning," Jones wrote.

He called the couples who brought the case "courageous" and said his ruling brings the court in line with "12 federal district courts across the country which, when confronted with these inequities in their own states, have concluded that all couples deserve equal dignity in the realm of civil marriage."

However, Pennsylvanians who believe marriage be defined as between a man and a woman are disappointed by the ruling.

 "This is an unfortunate direction for our state," said Mark Denklin, a pastor in Philadelphia, PA. "We're seeing this trend around the country-this trend that clearly violates the commands of God."

"This is a sad day," says Marion White of Franklin, Pennsylvania. "It's discouraging to realize my children will grow up in a culture that does not define marriage in the Biblical way."

Jones concluded his opinion by noting that in the 60 years since Brown v. Board of Education challenged the premise of separate but equal, "'separate' has thankfully faded into history and only 'equal' remains."

He said the term "same-sex marriage" will be abandoned in favor of "marriage" someday.

"We are a better people than what these laws represent," Jones wrote. "It is time to discard them into the ash heap of history."

  • [Exclusive Interview] A revelation within the brink of life and death — Meg Leung’s mission in Christian art

    Meg Leung (梁麗橋), an artist with a lifelong love for watercolor painting, sees her art as more than a means of expressing her inner world; it is a bridge connecting her to God. Her artistic journey has revealed God’s perfect plan and inspired her to communicate the power of faith through her wor

  • Transgenderism a fundamental human right? Hong Kong public disagrees, survey finds

    A 2024 survey from the Society for Truth and Light (明光社)'s Center for Life and Ethics Research reveals that respondents from various backgrounds prioritize personal safety and fairness when it comes to transgender issues. When laws involve moral judgments, most respondents believe courts should not make the decisions. The study also indicates that religious believers share similar views with non-religious respondents, reflecting that many churches may rarely address gender topics in depth.

  • Discipleship and Evangelism: Walking the Path of the Great Commission

    Like an ever-flowing spring, the gospel refreshes dry, parched lands and needs our unwavering passion and steadfast faith to transform lives and bring renewal. The "flame in our hearts" calls Christians to keep their faith and love for the Lord ablaze, representing the work and power of the Holy Spirit, driving us to proclaim God's glory boldly.

  • North America Chinese Evangelical Seminary year-end report highlights significant ministry progress

    As the year draws to a close, Rev. James Liu, President of the Chinese Evangelical Seminary North America (CESNA), reflected on the seminary’s remarkable growth and ministry development over the past year. Dedicated to providing theological education to Chinese Christians, CESNA continues to uphold its mission to remain faithful to the gospel and nurture believers. This year’s achievements span academic, ministerial, and outreach endeavors, fostering spiritual growth and advancing missionary wo