In a new Slate article, The Most Ingenious Attack on Gay Marriage Bans
, Professor and Health Law Institute
Director John G. Culhane
looks at the potential impact of a Pennsylvania lawsuit on state gay marriage bans.
“Since the Supreme Court struck down the Defense of Marriage Act in June, gay couples have begun challenging state laws that don’t allow them to marry, claiming that they, too, are unconstitutional, Culhane writes in his opening before considering the specific case of plaintiffs Cara Palladino and Isabelle Barker, who were married in 2005 in Massachusetts and moved to Pennsylvania later in the year. He describes the difficulties the couple has faced because of Pennsylvania’s refusal to recognize their marriage, which led them to file suit in Palladino v. Corbett.
Calling the suit “ingenious,” Culhane notes that the “challenge is quite likely to succeed. If it does, it will effectively tear down the whole edifice of refusing to recognize same-sex marriage, and serve as a model for attacks across the country.”
Read the entire article and Culhane’s thoughts on the potential impact of the lawsuit at Slate