Backus v. Backus

MANDERINO, Justice

(dissenting).

I dissent. To follow the opinion of the majority would be to perpetuate the doctrine of interspousal immunity. That doctrine, which deprives a married person the right to bring suit against his or her spouse, is contrary to the Pennsylvania Constitution. The Declaration of Rights (Pa.Const. art. I, § 11, P.S.) specifically provides that “ . . . every man for an injury done him in his lands, goods, person or reputation shall have remedy by due course of law . . . .” See Brown v. Commonwealth, 453 Pa. 566, 305 A.2d 868 (1973). (Manderino, *387J., dissenting). See also DiGirolamo v. Apanavage, 454 Pa. 557, 312 A.2d 382 (1973) (Manderino, J., dissenting).