Politics & Government

MontCo Solicitor Challenges PA's Lawsuit Over Same-Sex Marriage Licenses

Montgomery County Solicitor Ray McGarry responded to a suit filed by the Pennsylvania Department of Health against the county's Register of Wills, arguing that the suit against same-sex marriage licenses should not go forward.

Written by Patch Community Editor Nicole Foulke

Montgomery County has filed a legal response to the lawsuit filed in Commonwealth court last week to block the county's register of wills from issuing marriage licenses to same-sex couples. 

Montgomery County Solicitor Ray McGarry met with media Friday in Norristown to discuss the county’s response to the Pennsylvania Department of Health's legal action against Montgomery County Register of Wills D. Bruce Hanes, which seeks to block his office from issuing marriage licenses to same-sex couples.

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McGarry argued Friday that the law is on the county's side. 

According to McGarry, the county's primary arguments are that the state Department of Health has no legal standing to bring a so-called Mandamus suit, that the Commonwealth court has no jurisdiction in this case, and that the Department of Health has not met their burden to show what injury it has sustained.  

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A mandamus, according to McGarry, is a writ issued by a court to order an officer of the commonwealth to take certain action or cease certain actions.  Register Hanes is considered a judicial officer in some capacities, McGarry said.

“They have not met their burden … we believe that they cannot enforce an unconstitutional statute,” McGarry said, referring to the state’s prohibition on same-sex marriage.

McGarry pointed to courts in Pennsylvania and the U.S. Supreme Court, which have held that marriage is a right, which he described as a civil right.

From here, the Department of Health can respond to their preliminary objections. The county reached out to the Commonwealth court Thursday and was unable to determine if the case has been assigned to a judge.  McGarry said he does not yet know what will happen next.

As of Thursday, the Register of Wills had issued 49 same-sex marriage licenses. McGarry said one of those couples reached out to him offering to help the county with the suit.


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