The waiting game continues in Montgomery County.
More than 80 marriage licenses have been issued to same-sex couples since MontCo Register of Wills D. Bruce Hanes announced last month that his pledge to uphold the constitution prevented him from denying such licenses.
Last Friday, the county filed a formal response to the lawsuit filed earlier in the week in Commonwealth Court by the state Department of Health, which sought a writ of mandamus to compel Hanes to halt the distribution.
MontCo Solicitor Ray McGarry held an Aug. 2 press conference detailing the county’s response to the suit, which was filed July 30 against Hanes.
The county asked the court to dismiss the suit on a number of grounds.
First, the county argued that the court lacks “subject-matter jurisdiction” to decide the issue, arguing instead that the state Supreme Court has governance over “general supervisory and administrative-authority” issues.
The state Department of Health also lacks standing to bring a mandamus action against Hanes, the county said. Standing, the response explained, requires that “litigants must demonstrate that they are aggrieved in order to proceed with their action.”
Such grievances have previously been filed by the state attorney general, county district attorney or an individual with a personal stake, the suit contended, but not the Department of Health.
It went on to state that mandamus is “appropriate only where the plaintiff has a clear legal right to compel the performance of a duty” and is “not proper to enforce a right which is doubtful.”
The county further argues that the state does not adequately demonstrate that “its legal rights are clear and free from doubt,” a prerequisite for relief.
The state also filed an application for expedited consideration, to attempt to move the issue quickly through the court.
The county filed a separate motion last week in response to that request, calling expedition a “waste of the court’s time and resources.”
The filing also noted that the state was slow to act after Hanes announced he would grant licenses to same-sex couples; it took the state more than a week to respond to Hanes’ action.
“It is somewhat disingenuous on the part of the petitioner to ask this court to act with a sense of urgency that petitioner itself did not display when respondent announced his intention and began acting in conformity therewith,” the filing stated.
It is unclear if the court will hold arguments on the issue or issue a ruling, and when either could occur.
In the meantime, Hanes continues to issue licenses.
In response to some of the backlash he has faced, about 100 LGBTs and allies gathered for an impromptu rally Monday outside the Norristown County Courthouse to thank Hanes.
Speakers included state Sen. Daylin Leach (D-17th Dist.), who has spearheaded a marriage-equality bill in the Senate for a number of sessions and recently presided over a number of marriage ceremonies of couples who were licensed in Montgomery County.
“Bruce Hanes did exactly what the law commands,” Leach said in his remarks. “Bruce Hanes took an oath of office. The oath of office requires him to uphold the Constitution of the United States of America.”
Also on the speakers’ list were state Reps. Mark Cohen (D-202nd Dist.), Madeline Dean (D-153rd Dist.), Matt Bradford (D-70th Dist.) and Brendan Boyle (D-170th Dist.), and a number of same-sex couples who received their licenses from Hanes.
Cohen read from an official House resolution he authored, backing Hanes and marriage equality.
“We are already winning this battle,” he told the crowd about the recent developments in the marriage-equality movement in Pennsylvania. “When is same-sex marriage coming to Pennsylvania? It’s already here.”
The event was organized over the weekend by Oreland residents Michelle Lockman and Julie Phillips.
Hanes was not in attendance, but his office is located across the street from the courthouse.