The Register of Wills in Montgomery County this week became the first in the state to issue a marriage license to a same-sex couple.
On Wednesday morning, D. Bruce Hanes issued marriage licenses to at least two lesbian couples.
Pottstown residents Loreen Bloodgood and Alicia Terrizzi, together for 18 years, were the first to receive a license, followed by Sasha Esther Ballen and Diana Lynn Spagnuolo of Wynnewood.
Hanes waived the three-day requirement for the nuptials to be performed for Bloodgood and Terrizzi, and the pair was joined in a North Wales ceremony Wednesday by the Rev. Craig Andrussier.
Hanes told PGN the previous day that he had planned on issuing a marriage license to a different lesbian couple that day but that the couple backed out. When asked if he would issue a marriage license to other same-sex couples who applied, Hanes said: “The answer is yes.”
“I only issue marriage licenses, I don’t marry people,” he added.
Montgomery County is the third-largest county in the state.
Pennsylvania currently has a statute on the books defining marriage as between one man and one woman. Hanes said omeone wishing to challenge his issuance would have to bring the case to a judge, who would then be tasked with deciding whether to issue an injunction barring Hanes from issuing any further licenses to same-sex couples. The defense of his decision would be taken up by his office’s attorneys, he said.
Hanes, a Democrat who took office in 2008, said the couple contacted his office last week informing him of their intent to apply for the license.
He said he conferred with solicitor Michael Clarke and county solicitor Ray McGarry on the issue, taking into account last month’s Supreme Court decision striking down as unconstitutional the key provision of the federal Defense of Marriage Act that defined marriage as between one man and one woman.
Also in the discussion was Attorney General Kathleen Kane’s decision to not defend the state’s ban on same-sex marriage against a recent lawsuit filed by the American Civil Liberties Union. Kane said the law was “wholly unconstitutional.”
“I considered just about everybody,” Hanes said.
In his own legal analysis, Hanes said he examined Article I, Section 1 of the state constitution regarding “inherent rights of mankind,” which include citizens’ rights to “pursuing their own happiness.” He also referred to Section 26, which mandates that the state nor any political subdivision may “deny to any person the enjoyment of any civil right, nor discriminate against any person in the exercise of any civil right,” as well as Section 28, which bars sex discrimination.
Hanes said he ultimately decided to “come down on the right side of history and the law.”
“I thought about this and it’s the right thing for me to do and the right thing that needs to be done,” Hanes said, noting that it’s up to other registers of wills to give the issue the same consideration. “What anybody else does in any other county should be based upon their own views.”
Hanes’ move was hailed by Montgomery County Commisioners Josh Shapiro and Leslie Richards.
Shapiro said “equality took a step forward in Montgomery County” with the decision.
Richards concurred, saying Hanes showed “excellent judgment and courage.”
Equality Pennsylvania executive director Ted Martin said Hanes’ leadership is commendable, but was unsure of the ramifications of his action.
“It’s terrific whenever an elected official comes out publicly for marriage equality. This is a statement,” Martin said. “Equality PA is continuing to educate legislators and support the ACLU lawsuit, which we feel are the best ways to move this forward. Every action does have a reaction, and I’m just not sure what that will be here.”