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Status of same-sex licenses murky

Pa. judge's order just the first step

HARRISBURG — A Pennsylvania judge’s order stopping a suburban Philadelphia court clerk from issuing marriage licenses to same-sex couples leaves their legal status unclear, with an appeal possible and other legal actions pending or in the works.

Montgomery County Register of Wills D. Bruce Hanes said Thursday he was disappointed but would comply with the decision by Commonwealth Court Judge Dan Pellegrini. Hanes said he thinks the 174 licenses he handed out are legally valid.

“I believe they are ... but I can’t make that decision,” he said.

Pellegrini said Hanes did not have the power to decide on his own whether Pennsylvania’s same-sex marriage ban violates the state constitution.

“Unless and until either the General Assembly repeals or suspends the Marriage Law provisions or a court of competent jurisdiction orders that the law is not to be obeyed or enforced, the Marriage Law in its entirety is to be obeyed and enforced by all commonwealth public officials,” Pellegrini wrote.

The state Health Department under Republican Gov. Tom Corbett took Hanes to court after he began issuing licenses to same-sex couples in July, despite a 1996 state law that defines marriage as between a man and a woman.

In his opinion, Pellegrini said, “There are no obstacles preventing those adversely affected by the provisions of the Marriage Law from asserting their own rights in an appropriate forum.”

Nicola and Tamara Cucinotta of Paoli filed a lawsuit in Commonwealth Court last Friday against the governor. Their suit argues that their marriage is permissible under the state constitution and asks the state to recognize their union.

The women obtained one of the first same-sex licenses from Hanes this summer, and later married.

“It doesn’t say anything about Hanes, or about Montgomery County, or whether they received a license or (not),” lawyer Cletus Lyman said. “It says they are suing for the right to be married.”

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