# Devlin v. City of Philadelphia

> Commonwealth Court of Pennsylvania · August 29, 2002 · 809 A.2d 980

URL: https://www.frixlaw.com/law-library/cases/9651034

## Case

- **Full name:** William and Nancy DEVLIN, Mary Campbell, William and Dottie Free, Dave and Esther Miller, Appellants v. CITY OF PHILADELPHIA
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** August 29, 2002
- **Citations:** 809 A.2d 980; 2002 Pa. Commw. LEXIS 683
- **Precedential status:** Published
- **Opinion:** Concurrence by Colins
- **Judges:** Doyle, Colins, McGinley, Smith-Ribner, Pellegrini, Kelley, Leadbetter
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9651034

## Opinion text

CONCURRING OPINION BY
President Judge COLINS.
I concur in the majority’s ultimate conclusion, but I cannot join in much of that opinion’s discussion. Clearly, the City of Philadelphia, like private employers, can extend health and pension benefits to its employees’ partners, but the ordinances in question, as written, confer greater rights on same-sex partners than on unmarried heterosexual couples: the right to pension and health benefits and excluding transfers between from life partners from local realty transfer tax. Ordinance No. 970750, as written, represents an attempt by the City to establish a civil marriage between same-sex partners, when the authority to do so, under the laws of this Commonwealth, is reserved to the General Assembly.
Senior Judge KELLEY joins in the Concurring Opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9651034. Public record. Not legal advice.