Pa. Cons. Stat. » 23 Pa. Cons. Stat. (DOMESTIC RELATIONS) / Chapter 11
Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 1102 (2026)

 Definitions.

✓ current as of May 2026
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§ 1102.  Definitions.

The following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Department."  The Department of Health of the Commonwealth.

"Marriage."  A civil contract by which one man and one woman take each other for husband and wife.

"Marriage license" or "license."  A license to marry issued under this part.

(Oct. 16, 1996, P.L.706, No.124, eff. 60 days)

 

1996 Amendment.  Act 124 added the def. of "marriage."

Notes of Decisions
Cited in 15 cases, 2002–2020 · leading case: Whitewood v. Wolf, 992 F. Supp. 2d 410 (M.D. Penn. 2014).
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Whitewood v. Wolf, 992 F. Supp. 2d 410 (M.D. Penn. 2014). · cites it 6× “” 23 Pa.C.S. § 1102. In addition, a provision entitled “Marriage between persons of the same sex” states as follows: It is hereby declared to be the strong and longstanding public policy of this Commonwealth that marriage shall be between one man and one woman.”
Windsor v. United States, 699 F.3d 169 (2d Cir. 2012). · cites it 2× “XV, § 5a; 23 Pa. Cons. Stat. §§ 1102 , 1704; S.C. Const.”
In Re: Est. of Carter, S., Appeal of: Hunter, M., 159 A.3d 970 (Pa. Super. Ct. 2017). · cites it 2× “” 23 Pa.C.S. § 1102; see id. § 1704. Hunter contends that because these provisions so defining marriage have been declared unconstitutional, they cannot preclude the recognition of his pre-2005 common law marriage to Carter.”
Neyman, F. v. Buckley, F., 153 A.3d 1010 (Pa. Super. Ct. 2016). · cites it 4× “23 Pa.C.S. § 1102. Section 1704 provides: It is hereby declared to be the strong and longstanding public policy of this Commonwealth that marriage shall be between one man and one woman.”
Lewis v. Harris, 908 A.2d 196 (N.J. 2006). “2; 23 Pa. Cons. Stat. §§ 1102 , 1704; R.I. Gen.”
Conaway v. Deane, 932 A.2d 571 (Md. 2007). “2 (McKinney); 23 Pa. Cons.Stat. §§ 1102, 1704; R.I. Gen.”
Devlin v. City of Philadelphia, 809 A.2d 980 (Pa. Commw. Ct. 2002). · cites it 4× “Section 1102 of the Marriage Law, 23 Pa.C.S. § 1102, defines "Marriage" as "[a] civil contract by which one man and one woman take each other for husband and wife.”
Devlin v. City of Philadelphia, 862 A.2d 1234 (Pa. 2004). “Among other things, it noted that just as the Marriage Law defines marriage as a civil contract between a man and a woman and prohibits the couple from being blood-related, 23 Pa.C.S. §§ 1102, 1304, the Legislation requires Life Partners to be competent to contract and not…”
Bourke v. Beshear, 996 F. Supp. 2d 542 (W.D. Ky. 2014). “1 (2013); 23 Pa. Cons.Stat. Ann. §§ 1102, 1704 (West 2013); S.”
Whitewood v. Sec'y Pennsylvania Dep't of Health, 621 F. App'x 141 (3rd Cir. 2015). · cites it 2× “In November 2013, Schneller filed a pro se motion for leave to intervene in the above-captioned case, which involved a same-sex couple’s challenge to, among other' things, Pennsylvania’s Marriage Law, 23 Pa. Cons.Stat. Ann. §§ 1102 and 1704. Schneller sought to intervene on…”
Commonwealth, Dep't of Health v. Hanes, 78 A.3d 676 (Pa. Commw. Ct. 2013). · cites it 2× “The lawsuit challenges the constitutionality of Section 1102 of the Marriage Law, 23 Pa.C.S. § 1102, which defines “marriage” as “[a] civil contract by which one man and one woman take each other for husband and wife,” and Section 1704, 23 Pa.”
Kern v. Taney & Attorney Gen., 11 Pa. D. & C.5th 558 (2010). “23 Pa.C.S. §1102. . U.S. Constitution, Article IV, Section 1 states, in part: “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.”
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