DE SANTO v. BARNSLEY


328 Pa.Super. 181 (1984)

476 A.2d 952

John DE SANTO, Appellant, v. William BARNSLEY.

Supreme Court of Pennsylvania.

Filed May 11, 1984.


Attorney(s) appearing for the Case

Rosalie Davies, Narberth, for appellant.

Howard A. Finkelman, Philadelphia, for appellee.

David W. Webber, Philadelphia, amicus curiae Lambda Legal Defense and Education Fund, Inc.

Before SPAETH, President Judge, and MONTEMURO and POPOVICH, JJ.


SPAETH, President Judge:

This case presents the novel issue of whether two persons of the same sex can contract a common law marriage. We hold that they cannot, as a matter of law. The order of the trial court dismissing appellant's complaint for divorce is therefore affirmed.

On February 16, 1981, appellant, John DeSanto, filed a complaint for divorce against appellee, William Barnsley. In his complaint...

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