Case: Cucinotta v. Commonwealth

13-00451 | Pennsylvania state trial court

Filed Date: Sept. 6, 2013

Case Ongoing

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Case Summary

On September 6, 2013, a lesbian couple filed suit against the state of Pennsylvania in Commonwealth Court. Plaintiffs sought declaratory relief, alleging that two provisions of Pennsylvania's Marriage Law (23 Pa.C.S. §§ 1102 and 1704) violated the state constitution. The two provisions banned same-sex marriage and treated as void the marriages of same-sex couples validly entered into in other jurisdictions.On May 20, 2014, in the case of Whitewood v. Wolf (No. 1:13-cv-1861), Judge John E. Jones…

On September 6, 2013, a lesbian couple filed suit against the state of Pennsylvania in Commonwealth Court. Plaintiffs sought declaratory relief, alleging that two provisions of Pennsylvania's Marriage Law (23 Pa.C.S. §§ 1102 and 1704) violated the state constitution. The two provisions banned same-sex marriage and treated as void the marriages of same-sex couples validly entered into in other jurisdictions.

On May 20, 2014, in the case of Whitewood v. Wolf (No. 1:13-cv-1861), Judge John E. Jones III held that 23 Pa.C.S. §§ 1102 and 1704 violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The following day, Pennsylvania Governor Tom Corbett announced via press release that the Commonwealth would not appeal the court's order.

On May 23, 2014, the defendant moved to dismiss the case for mootness, arguing that there was no longer a case or controversy to be decided by the court. On June 20, 2014, the court, in a per curiam decision, denied defendant's application to dismiss. It suspended the case pending final resolution of Whitewood v. Wolf, including all appeals by those seeking to intervene in the matter. As of March 9, 2015, the case was still pending.

Summary Authors

Priyah Kaul (3/9/2015)

Related Cases

Whitewood v. Corbett, Middle District of Pennsylvania (2013)


Attorneys(s) for Plaintiff

Fettner, Michael S. (Pennsylvania)

Lyman, Cletus P. (Pennsylvania)

Sweeney, Michael T. (Pennsylvania)

Attorneys(s) for Defendant

Frank, Joel L. (Pennsylvania)

Miner, Audrey F. (Pennsylvania)

Taylor, Alison (Pennsylvania)

Attorneys(s) for Plaintiff

Fettner, Michael S. (Pennsylvania)

Lyman, Cletus P. (Pennsylvania)

Sweeney, Michael T. (Pennsylvania)

Attorneys(s) for Defendant

Frank, Joel L. (Pennsylvania)

Miner, Audrey F. (Pennsylvania)

Taylor, Alison (Pennsylvania)

Documents in the Clearinghouse

Document

Docket

Jan. 5, 2015 Docket

Application to Dismiss for Mootness

May 23, 2014 Pleading / Motion / Brief

Complaint for Declaratory Judgment

Sept. 6, 2014 Complaint

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Pennsylvania

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Sept. 6, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two Pennsylvania women in a same-sex relationship.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commonwealth of Pennsylvania, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sex discrimination

Sexual orientatation