The two licenses come just one day after Montgomery County officials announced that
they are willing to grant marriage licenses to same-sex couples
yesterday. Montgomery County Register of Wills D. Bruce Hanes, an
independently elected Democrat, told reporters that he wishes to be "on the right side of history and the law." He also cited Windsor v. United States, the Supreme Court case that gutted DOMA, as well as the ACLU's current suit in federal court to overturn Pennsylvania's same-sex marriage ban, a case that Pennsylvania Attorney General Kathleen Kane has announced that she will not defend.
Hanes told reporters that he was actually willing to grant the first
same-sex marriage license in Pennsylvania's history one day prior, but
that the couple applying decided to withdraw their application after
speaking with lawyers from the ACLU.
Molly Tack-Hooper, a spokesperson for the ACLU, noted that this is
not the first time that a county has defied a state's same-sex marriage
ban:
"We know how it has played out in a few other states; we don’t know how it might turn out in Pennsylvania. Gay and lesbian couples seeking marriage licenses in Montgomery County should be aware that there might be uncertainty about the legal statuses of those marriages for a while because unfortunately in other states, governments have later invalidated the marriages."
“Montgomery County’s Register of Wills is an attorney, thus should know the law, and as an elected row officer he has sworn to uphold the law. Apparently he is following the lead of Attorney General Kathleen Kane who has said she would not defend Pennsylvania’s Defense of Marriage Act even though the job she was elected to fill includes defending the laws of the Commonwealth. If he can’t uphold the law and issue marriage licenses only to those who can legally marry in Pennsylvania, he needs to tender his resignation.”
County Commission Chairman Josh Shapiro told the press that "marriage
equality will come to Pennsylvania. He says it's just a question of how
long it will take." He also said that he is willing to defend Hanes'
decision in court. Meanwhile, Alicia Terrizzi told reporters that she
and her new spouse, Bloodgood, were not looking to be pioneers by
getting married. Instead, they "simply want to take advantage of the
opportunity offered by Montgomery County officials."
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