# Commonwealth Ex Rel. Stein v. Stein

> Supreme Court of Pennsylvania · October 24, 1979 · 487 Pa. 1

URL: https://www.frixlaw.com/law-library/cases/9761385

## Case

- **Full name:** COMMONWEALTH of Pennsylvania Ex Rel. Barbara STEIN, Ind. and as Guardian of Steven Stein, Kevin Stein and Cliff Stein, Minors, Appellee, v. Norman STEIN, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** October 24, 1979
- **Citations:** 487 Pa. 1; 406 A.2d 1381; 1979 Pa. LEXIS 707
- **Precedential status:** Published
- **Opinion:** Concurrence by Roberts
- **Judges:** Eagen, Larsen, Manderino, Nix, O'Brien, Roberts
- **Cited by:** 25 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/9761385

## How later opinions describe it (automated extraction)

- holding statutes affording wives but not husbands in rem support remedies to be infirm under the E.R.A.

## Opinion text

*13 ROBERTS, Justice,
concurring.
Although I agree with the majority that the order of the court of common pleas should be affirmed, I reach this result on different and non-constitutional grounds.
The majority holds that the two remedial statutes in question violate the Equal Rights Amendment to the Pennsylvania Constitution, Art. 1, Sec. 28. Accordingly, the majority expands the statutes to provide remedies for husbands as well as for wives.
In my view, 1 Pa.C.S.A. § 2301 is dispositive of appellant’s claim. Section 2301 provides:
“(a) General Rule. — In recognition of the adoption of section 28 of Article I of the Constitution of Pennsylvania, it is hereby declared to be the intent of the General Assembly that where in any statute heretofore enacted there is a designation restricted to a single sex, the designation shall be deemed to refer to both sexes unless the designation does not operate to deny or abridge equality of rights under the law of this Commonwealth because of the sex of the individual.”
In light of 1 Pa.C.S.A. § 2301 and the judicial preference for interpreting legislative enactments so as to avoid a constitutional question wherever possible, Mt. Lebanon v. County Board of Election, 470 Pa. 317, 322 , 368 A.2d 648, 650 (1977), I believe that resolving this case on statutory grounds rather than on constitutional grounds, as the majority does, is jurisprudentially correct.
LARSEN, J., joins in this concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9761385. Public record. Not legal advice.