A federal judge on Thursday heard
arguments in a case challenging the Pennsylvania's ban on gay
marriage.
Plaintiffs in the case are Isabelle
Barker and Cara Palladino, who married in Massachusetts in 2005
before moving to Philadelphia later that same year when Barker got a
job at Bryn Mawr College. The couple is raising a 5-year-old son.
Michael Banks told U.S. District Judge
Mary McLaughlin that the ban “imposes substantial stigma and
humiliation” on the couple and their son solely because of their
sexual orientation.
“Can a 19-year-old statute withstand
constitutional scrutiny in light of Windsor and other cases?”
Banks rhetorically asked, referring to last year's Supreme Court case
that struck down a key provision of the Defense of Marriage Act
(DOMA).
According
to Bloomberg News, lawyers defending the ban on behalf of
Pennsylvania Governor Tom Corbett argued that the Windsor
decision reaffirmed states' rights to regulate marriage.
“The states have the near exclusive
authority to define and regulate marriage to the extent that each
state deems appropriate,” lawyer Joel Frank said.
Frank said the ban was needed to
promote procreation and the well being of children.
McLaughlin did not say when she expects
to rule.
At least three additional cases
challenging Pennsylvania's ban have been filed.