DiGIROLAMO v. Apanavage

Dissenting Opinion by

Mr. Justice Roberts :

The Court today, in the name of fidelity to legislative intent, permits perpetuation of a judicially created immunity. Not only is this Court alone responsible for the existence of spousal immunity in Pennsylvania, but the process leading to adoption of this unfortunate rule is a classic example of blind adherence to precedent. The majority recognizes, as well it must, that social policies which may at one time have justified spousal immunity have ceased to exist, but claims to be bound by the pronouncements of the Legislature. Although the…