Butler County representatives split on Pa. marriage equality bill
Butler County’s delegation in the Pennsylvania House of Representatives — all Republicans — are split down the middle in how they voted on a newly proposed bill that would change the legal definition of marriage in the Commonwealth.
House Bill 1800, which focuses on marriage equality, passed in the Pennsylvania House on Wednesday, March 25, with bipartisan support via a 127-72 vote. The bill is now headed to the Republican-controlled Senate for consideration.
Among the local lawmakers, Reps. Aaron Bernstine, R-8th, and Stephenie Scialabba, R-12th, voted against it. Reps. Tim Bonner, R-17th, and Marci Mustello, R-11th, voted in favor.
If the bill passes and becomes law, it would alter the definition of marriage located in Title 23 of the Pennsylvania Consolidated Statutes, which currently reads, “A civil contract by which one man and one woman take each other for husband and wife.” The new definition would be simply, “A civil contract between two individuals.”
The bill also seeks to remove a section of the code that states: “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.”
Due to the 2015 decision of the Supreme Court in Obergefell v. Hodges, which legalized same-sex marriage nationwide, these sections of code became moot and unenforceable.
Bernstine told the Butler Eagle he believed the bill was legally pointless and a political stunt, which is why he voted no.
“Gay marriage is settled law with the United States Supreme Court. That is not something that states should be discussing,” Bernstine said. “I think it was a political gimmick. … The truth is, it doesn’t change anything. It’s like a bill saying the sky is blue. It means absolutely nothing.”
Mustello agreed with Bernstine that the proposed bill would not supersede federal law, but still voted yes. She and Bonner were two out of 26 Republicans to do so.
“HB1800 doesn’t change the legality of certain types of marriages. That has already been litigated by the courts,” Mustello said. “What it does is align definitions with current practice, which is generally correct. That is the thought behind my vote and I don’t draw inferences any further than that.”
Bonner and Scialabba could not be reached for comment.
Member of Butler City Council and former president of Butler PFLAG, Lisa Quebedeaux, called passage of HB1800 “a matter of common sense.”
“Nearly everyone today knows at least one couple in a same-sex marriage and understands that members of the LGBT community seek the same legal protections and social recognition that others find in matrimony,” Quebedeaux said. “This legislation does not create something new.
“It simply ensures that our laws reflect the reality already lived by families across Pennsylvania. It is an overdue step toward consistency, stability and equal treatment under the law and one that has earned broad bipartisan support.”
