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Pennsylvania judge blocks county clerk's issuance of gay marriage licenses Pennsylvania judge blocks county clerk's issuance of gay marriage licenses
(about 3 hours later)
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.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 the Montgomery County register of wills clerk, Bruce Hanes, didn't have the power to decide on his own whether the same-sex marriage ban violates the state constitution.Commonwealth court judge Dan Pellegrini on Thursday issued an order that said the Montgomery County register of wills clerk, Bruce Hanes, didn't have the power to decide on his own whether the 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."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.
It was not immediately clear what the decision would mean to those who have already received a license. Hanes said he was disappointed.
Hanes issued four more licenses to same-sex couples on Wednesday, bringing his total number to 174. "The decision to issue a marriage license was not made in haste, and what we're going to do next, based on this decision from the court, will not be made in haste," Hanes said.
It was not immediately clear what the decision will mean for the 174 couples who obtained licenses.
The state health department took him to court after he began issuing them in July. That was after the US 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.The state health department took him to court after he began issuing them in July. That was after the US 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.
James Schultz, governor John Corbett's general counsel, issued a statement saying the key issues was whether local officials can decide which laws to uphold or reject, based on their personal legal opinion.James Schultz, governor John Corbett's general counsel, issued a statement saying the key issues was whether local officials can decide which laws to uphold or reject, based on their personal legal opinion.
"We respect the interests and dignity of all the parties involved in this case, but we are a government of laws and it is important that all office holders across the state enforce those laws uniformly," Schultz said."We respect the interests and dignity of all the parties involved in this case, but we are a government of laws and it is important that all office holders across the state enforce those laws uniformly," Schultz said.
A Montgomery County spokesman said the ruling was being analyzed and they planned to comment later in the day.
Hanes, a Democrat and an elected official whose duties include marriage licenses, said the law conflicts with his constitutional obligations.Hanes, a Democrat and an elected official whose duties include marriage licenses, said the law conflicts with his constitutional obligations.
Pellegrini wrote that only courts have the power to determine if a statute is unconstitutional.Pellegrini wrote that only courts have the power to determine if a statute is unconstitutional.
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