Immigration Status and the Issuance of Marriage Licenses – a Consent Order is Entered Into in Federal Court in Pennsylvania
On February 11, 2008, a Consent Order was entered into in the United States District Court for the Middle District of Pennsylvania requiring the Luzerne County Register of Wills to issue marriage licenses to applicants who otherwise comply with Pennsylvania law without consideration of the applicant’s immigration status.
The case arose when the Luzerne County Register of Wills improperly required an applicant for a marriage license to prove that he or she was lawfully present in the United States, regardless of the fact that Pennsylvania law has no such requirement. Pennsylvania law only requires that an applicant for a marriage license fill out an application stating his or her name, birthplace, age, etc., and that the applicant be competent, that they not be under the influence of drugs, alcohol, etc. It is entirely silent about a person’s immigration status.
The Luzerne County Register of Wills was sued when she required, contrary to Pennsylvania law, that an applicant also prove that he or she was lawfully present in the United States. (Similar requirements were cited in the lawsuit for Lackawanna, Wyoming, Monroe, Carbon, Allegheny, Delaware and Philadelphia counties)
The Consent Order prohibits the Luzerne County Register of Wills from requiring that any applicant for a marriage license prove their lawful presence in the United States as a condition for a marriage license.
This is clearly a correct, proper result and it hopefully will result in others – regardless of their immigration status - coming forward to apply for marriage licenses where they intend to enter into bona fide marriages.
