TribLIVE

| State


 
Larger text Larger text Smaller text Smaller text | Order Photo Reprints

County clerk: Marriage law in Pa. 'suspect'

Daily Photo Galleries

By The Associated Press
Monday, Aug. 19, 2013, 9:36 p.m.
 

PHILADELPHIA — A county clerk defended his decision to issue same-sex marriage licenses in a legal brief on Monday that calls Pennsylvania's marriage law “arbitrary and suspect.”

About 135 same-sex couples have obtained marriage licenses in Montgomery County since Register of Wills D. Bruce Hanes decided to issue them last month.

Hanes, a Democrat, argues that Pennsylvania's one-man, one-woman marriage law violates both the state and federal constitutions. He also cites the recent U.S. Supreme Court ruling that struck down part of the Defense of Marriage Act.

“Pennsylvania's DOMA statute is arbitrary and suspect, and is very similar to the statute which was struck down (by the U.S. Supreme Court),” Hanes said in the brief, filed by the Montgomery County Solicitor's Office.

Republican Gov. Tom Corbett's administration, through the Health Department, has gone to Commonwealth Court to stop Hanes from issuing the same-sex marriage licenses. The department has argued that Hanes' actions could cause serious harm.

However, Hanes said Monday that no specific harm has been identified. He also wants the case moved to the state Supreme Court instead of Commonwealth Court, which hears cases involving state agencies.

Hanes began issuing marriage licenses on July 24 after Attorney General Kathleen Kane, a fellow Democrat, announced she would not defend the state's ban on same-sex marriage in a federal lawsuit filed by the American Civil Liberties Union.

 

 
 


Show commenting policy

Most-Read Pennsylvania

  1. Sandusky won’t get his pension back
  2. Liquor Control Board, Pennsylvania universities target problem drinking
  3. Western Pennsylvania lawmakers among 200 who lost pensions for bad behavior
  4. Erie man charged with 1990 slaying of Virginia Beach woman
  5. Poor sales sink multi-state Monopoly Millionaires’ Club lottery
  6. Philadelphia mother pleads guilty as boy, 2, shoots, kills sister
  7. State lottery scratch-off tickets bring instant cheer as holiday gifts
  8. ‘Chaos on the street’ alleged  in Philly
  9. Search intensifies for Philly-area gunman who killed 6
Subscribe today! Click here for our subscription offers.