Pennsylvania Consolidated Statutes
23 Pa. Cons. Stat. § 1704 (2026)
Marriage between persons of the same sex.
✓ current as of May 2026
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§ 1704. Marriage between persons of the same sex.
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. A marriage between persons of the same sex which was entered into in another state or foreign jurisdiction, even if valid where entered into, shall be void in this Commonwealth.
(Oct. 16, 1996, P.L.706, No.124, eff. 60 days)
1996 Amendment. Act 124 added section 1704.
Notes of Decisions
Cited in 18
cases, 2001–2017 · leading case: Whitewood v. Wolf, 992 F. Supp. 2d 410 (M.D. Penn. 2014).
Whitewood v. Wolf, 992 F. Supp. 2d 410 (M.D. Penn. 2014). “23 Pa.C.S. § 1704. As stated, the Marriage Laws have the effect of preventing same-sex couples from marrying in Pennsylvania and nullifying the marriages of same-sex couples legally married elsewhere for purposes of recognition in the Commonwealth.”
In Re Adoption of R.B.F., 803 A.2d 1195 (Pa. 2002). “The court concluded that because our Commonwealth only recognizes marriages “between one man and one woman,” 23 Pa.C.S. § 1704, Appellant J.C.G. does not qualify as a “spouse” under Section 2903.”
Devlin v. City of Philadelphia, 862 A.2d 1234 (Pa. 2004). “23 Pa.C.S. § 1704. Finally, the Commonwealth Court also held that the Legislation’s exemption of real estate transfers between Life Partners from the local realty transfer tax violated the Uniformity Clause of the Pennsylvania Constitution, which provides that “[a]ll taxes shall…”
T.B. v. L.R.M., 786 A.2d 913 (Pa. 2001). “Specifically, she contends that because Appellee can never legally adopt A.”
In Re: Est. of Carter, S., Appeal of: Hunter, M., 159 A.3d 970 (Pa. Super. Ct. 2017). “23 Pa.C.S. § 1704. Read together, sections 1102 and 1704 of the Marriage Law prevented same-sex couples from marrying in Pennsylvania and barred recognition in Pennsylvania of the marriages of same-sex couples legally married elsewhere.”
Andersen v. King Cnty., 138 P.3d 963 (Wash. 2006). “XV, § 5a Pennsylvania: 23 Pa. Cons.Stat. Ann. § 1704 (West Group 2001) Rhode Island: no law or constitutional amendment restricting marriage to one man and one woman South Carolina: S.”
Port v. Cowan, 44 A.3d 970 (Md. 2012). “” 23 Pa. Cons.Stat. § 1704 (LexisNexis through 2011).”
Andersen v. King Cnty., 158 Wash. 2d 1 (Wash. 2006). “XV, § 5a Pennsylvania: 23 Pa. Cons. Stat. Ann. § 1704 (West Group 2001) Rhode Island: no law or constitutional amendment restricting marriage to one man and one woman South Carolina: S.”
Devlin v. City of Philadelphia, 809 A.2d 980 (Pa. Commw. Ct. 2002). “[16] 23 Pa.C.S. § 1704 (emphasis added) (footnote added).”
Commonwealth, Dep't of Health v. Hanes, 78 A.3d 676 (Pa. Commw. Ct. 2013). “§ 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.C.S. § 1704, which provides: It is hereby declared to be the strong and longstanding public policy of this Commonwealth that…”
T.B. v. L.R.M., 786 A.2d 913 (Pa. 2001). “Specifically, she contends that because Appellee can never legally adopt A.”
Neyman, F. v. Buckley, F., 153 A.3d 1010 (Pa. Super. Ct. 2016). “23 Pa.C.S. § 1704. In 1999, the Vermont Supreme Court held that the Vermont Constitution required same-sex couples be afforded the same statutory rights and protections as opposite-sex couples.”
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