While it comes as no surprise that the Corbett Administration has filed an action seeking to enjoin marriage equality in Montgomery County, the petition filed today in Commonwealth Court by the state Department of Health has serious flaws. Montgomery County will be filing a response shortly. In the meantime, the Register of Wills office will continue to issue marriage licenses to same-sex couples.
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Thursday, August 01, 2013
Pennsylvania Health Department Sues To Stop County From Issuing Same-Sex Marriage Licenses
As previously reported, in Montgomery County, Pennsylvania (suburban Philadelphia), the county's Register of Wills, D. Bruce Hanes, last week began to issue marriage licenses to same-sex couples, despite the legal ban on such marriages in the state. Now, according to the Philadelphia Inquirer, the state Department of Health on Tuesday filed suit in Commonwealth Court seeking a writ of mandamus to stop the county from issuing more licenses or accepting marriage certificates from same-sex couples. The suit claims that the county's actions are leading couples to erroneously believe that they have entered a valid marriage. In response, County Solicitor Ray McGarry issued a statement saying: