Same-sex marriage is, technically, still illegal in Pennsylvania.
The U.S. Supreme Court’s ruling in Obergefell v. Hodges in 2015 invalidated all state laws banning same-sex marriage. Despite this, Pennsylvania’s law defining marriage as a civil contract between one man and one woman only remains on the books. Lawmakers wishing to change this, and formally recognize same-sex marriage in Pennsylvania, are facing what seem to be an insurmountable obstacle: Pennsylvania’s divided legislature.
The Marriage Equality Act is one of several LGBTQIA+ rights bills that have recently passed committee votes and are headed to the floor of the House of Representatives for a full vote. One of the other bills, the Fairness Act, would ban discrimination in education and housing based on gender identity and sexual orientation. The Fairness Act has been introduced in Pennsylvania’s House of Representatives every year for the past 20 years, but to no avail.
While Democrats control the state House of Representatives and the governor’s mansion, Republicans have a majority in the state Senate. This makes Pennsylvania one of only three state legislatures in the nation to have divided government, with the other two being Michigan’s and Minnesota’s. According to Spotlight PA, this partisan divide between the two houses of the General Assembly put Pennsylvania on track to end 2025 with the fewest number of new laws in a decade. Even then, many of the laws being passed throughout the 2025-26 term were simple and non-controversial bills, like ones that named bridges and roads.
Some members of the General Assembly have defended their work, arguing that the number of laws is not a complete measure of success. State Rep. Joe Ciresi, a Democrat from Montgomery County, was quoted on the important work legislators do in their home districts. “We were still in our offices, we were still working with constituents, we were still out at events,” Ciresi said.
Ciresi also highlighted how simply introducing a bill can be enough to start an important conversation. “The law may not pass, but the conversation has become so overwhelming that people are really saying, ‘Why aren’t we doing this?’” he said of a cooking education program he attempted to start.
Other members of the General Assembly are more keen to point fingers at their political opponents. State Rep. Liz Hanbidge, also a Democrat from Montgomery County, told Spotlight PA that partisanship is a major problem. “The House is moving a lot of legislation that [would] be really impactful to improve Pennsylvania’s lives,” Hanbidge said. “And we’re not seeing the [Republican] Senate follow through on that legislation.”
While Democrats like Hanbidge and State Rep. Malcolm Kenyatta (D-Philadelphia), the lead sponsor of many of the LGBTQIA+ bills being considered by the House, would agree that the Fairness Act and the marriage equality bill would be “really impactful” for Pennsylvanians, Republicans in the Senate would disagree. The GOP-led Senate has never taken up these bills for a floor vote, even throughout the Fairness Act’s 20-year history of being introduced, and according to The Philadelphia Inquirer, they are unlikely to do so in the future.
Much Republican criticism of the Fairness Act and its related bills stem from objections about religious freedom and gender identity. “This is a very dangerous bill,” State Rep. Stephanie Borowicz (R-Clinton) said of the marriage equality act during the committee debate. “It’s a perversion of God’s creation,” She added. “I don’t hate anyone. This is my strong-held religious belief.”
The conservative organization Concerned Women for America also spoke out against the bill, criticizing how it allegedly allows biological males in women’s bathrooms, locker rooms and sports teams. House Republicans have sought to ban transgender students from playing in girls’ sports, but House Democrats have blocked those actions.
Both sides are feeling the limitations of divided government. Until staunch compromises are made, or one party wins full control of Harrisburg, Democrats and Republicans alike will continue to have their policy goals stymied by the opposing party and chamber.
