Pa. sues to stop licenses
PHILADELPHIA — State officials asked a court to stop a rogue county from issuing marriage licenses to gay couples on Tuesday, nearly a week after a clerk began granting them in violation of Pennsylvania law.
The petition filed by the Health Department in Commonwealth Court alleges that D. Bruce Hanes, the register of wills in Montgomery County, “repeatedly and continuously” flouted the law. As of Tuesday afternoon, the county had granted 34 licenses and registered six same-sex marriages.
“There is no limit to the administrative and legal chaos that is likely to flow from the clerk’s unlawful practice of issuing marriage licenses to those who are not permitted under Pennsylvania law to marry,” the lawsuit said.
Pennsylvania is the only northeastern state without same-sex marriages or civil unions. Hanes began issuing licenses to same-sex couples shortly after the U.S. Supreme Court struck down part of the federal Defense of Marriage of Act.
At the time, Hanes said he wanted to “come down on the right side of history and the law.” He declined to comment Tuesday on the pending litigation.
The Health Department, which oversees marriage licenses for the state, said in the lawsuit that Hanes’ actions interfere with the agency’s administrative responsibilities and would likely lead to illegal claims for benefits.
The developments come the same day that Republican Gov. Tom Corbett’s office indicated that it would defend the state’s marriage law in a separate legal challenge filed by the American Civil Liberties Union.
Attorney General Kathleen Kane, a Democrat who supports same-sex marriage, had said earlier this month that she wouldn’t defend the state in that suit because she believes the law to be unconstitutional.
The legal status of the gay marriages registered in Montgomery County is unclear. In other states with same-sex marriage bans, licenses issued by defiant local officials have been voided by courts.
