News Item

Pennsylvania Commonwealth Court Strikes Down Philadelphia Life Partner Ordinances

Philadelphia, PA- The Pennsylvania Commonwealth Court ruled today that the City of Philadelphia's Life Partnership ordinance provisions are invalid.  The City's laws provided health benefits for the registered life partners of city workers, non-discrimination protections, and an exemption from the city's real estate transfer tax equivalent to other relationship exemptions. The Center for Lesbian and Gay Civil Rights (the Center), the American Civil Liberties Union of Pennsylvania and DRINKER, BIDDLE & REATH LLP, the attorneys for the amici curiae, filed a "friend of the court" brief supporting life partnerships.

"This ruling is a travesty for lesbian and gay couples in Philadelphia," said Stacey L. Sobel, Esq., the Center's Executive Director. "The court clearly did not recognize that Philadelphia was merely trying to give benefits to city employees and residents like many other municipalities and private businesses throughout the country. It is absurd for the Court to state that Philadelphia was trying to replicate marriage," Sobel added.  "The provisions do not give life partners any of the legal benefits typically associated with marriage such as inheritance rights or the ability to file joint tax returns."

Mary Catherine Roper, Esq. of DRINKER BIDDLE & REATH LLP, the primary author of the amici brief, stated, "The Commonwealth Court is the only court in the country to state that domestic partner registration is the equivalent of marriage. Indeed, most other courts, including those that have struck down domestic partnership ordinances on the basis of conflicting state statutes, have simultaneously rejected that argument."

The ordinance was adopted on May 7, 1998. The legal challenge was mounted by local individuals. The amici brief was filed on behalf of the following organizations: The American Civil Liberties Union of Pennsylvania, The Center for Lesbian and Gay Civil Rights, The Aids Law Project of Pennsylvania, The Coalition of Labor Union Women, Community Legal Services, Family Pride Coalition, The League of Gay and Lesbian Voters, The National Center for Lesbian Rights, The National Gay and Lesbian Task Force, Pennsylvania National Organization for Women, The Pennsylvania Alliance for Democracy, The Statewide Pennsylvania Rights Coalition, Women in Transition, The Women's Law Project, The American Federation of State, County, and Municipal Employees, District Council 47, The American Federation of State, County, and Municipal Employees, Local 2186, and The American Federation of State, County and Municipal Employees, Local 2187.

The Center advocates equality for lesbian, gay, bisexual and transgender individuals in Pennsylvania through direct legal services, education and policy reform.