Judge Orders Montco Court Clerk to Stop Issuing Same-Sex Marriage Licenses

[joeybee12]

A Pennsylvania judge is stopping a suburban Philadelphia court clerk from issuing marriage licenses to same-sex couples, saying it was a clear violation of his legal authority.

Commonwealth Court Judge Dan Pellegrini on Thursday issued an order that said Montgomery County Register of Wills Bruce Hanes didn't have the power to decide on his own whether the same-sex marriage ban violates the state constitution.

Hanes issued four more licenses to same-sex couples on Wednesday, bringing the total number to 174, despite a 1996 state law that restricts marriage to being between one man and one woman.

The state Health Department took him to court after he began issuing them in July. That was after the U.S. Supreme Court threw out portions of the federal Defense of Marriage Act and state Attorney General Kathleen Kane called the Pennsylvania ban on same-sex marriage unconstitutional.

http://www.nbcphiladelphia.com/news/local/Judge-Orders-Montco-Court-Clerk-to-Stop-Issuing-Same-Sex-Marriage-Licenses-223477291.html

A small loss in the overall war, which still will eventually come down on the side of right.

[ShadowLiberal]

1. They didn't even touch if the marriages are legal or not and if the ban on them is legal

This is a small loss, but was to be expected. More significant is that the court didn't even look into if the marriage licenses are valid or not, or if the state's DOMA law banning gay marriage is legal or not.

I live in PA, and I can definitely see someone suing over the DOMA law winning in the PA state supreme court. Republicans have a 1 seat majority there, but one of the Republican judges is like Kennedy, frequently breaking with his party in some partisan court cases, such as the state's voter ID law. I would be shocked if he ruled in favor of the state's DOMA law.

[joeybee12]

3. Good to hear about the PA SCOTUS...

It is a small loss and hopefully moves the process forward.

[mitchtv]

2. this reminds me of Gavin Newsome

and the fight for equality in SF,CA. As the man says a small loss,

[joeybee12]

4. Yup...a little bump, not a roadblock...nt