A plan is underway to validate about 100 marriage licenses issued in Montgomery County to same-sex couples prior to Pennsylvania legalizing marriage equality.
The Whitewood ruling, issued May 20, established marriage equality throughout the state.
But due to conflicting legal interpretations, the validity of about 100 marriage licenses issued by Montgomery County Register of Wills D. Bruce Hanes remains in question. The state challenged their validity, claiming Hanes exceeded his authority when issuing the licenses.
Twenty-one same-sex couples with marriage licenses issued by Hanes filed suit in September 2013, seeking to have their marriages validated. That case, known as Ballen, was settled in September, when the state agreed to validate the plaintiffs’ marriages, effective May 20, 2014.
Now, Hanes says the state should validate the marriages of an additional 100 couples who did not take part in the lawsuit. He said letters will be sent to those couples this week, suggesting they contact the state Office of General Counsel to have their marriages validated, effective May 20, 2014.
“I certainly hope we can put this matter to rest as soon as possible with this viable option,” Hanes told PGN.
Hanes expressed optimism that state officials will cooperate.
“I’m hoping the state will honor our request,” Hanes continued. “I can’t imagine the Office of General Counsel will want to treat these [100] couples differently than the Ballen plaintiffs.”
Joshua Maus, a spokesperson for the state Office of General Counsel, indicated that state officials will work collaboratively with Hanes to resolve the matter.
“Since Whitewood was decided by Judge Jones May 20, the state Department of Health and its attorneys at the state Office of General Counsel have worked cooperatively and successfully with legal counsel for many same-sex couples — who had received marriage licenses from [Hanes] in the summer of 2013 and filed marriage certificates with [Hanes] — to obtain court declarations respecting the legality of their marital status,” Maus said in an email. “We are anxious to work with other similarly situated same-sex couples who also wish to seek a judicial declaration respecting the status of their marriages, and we welcome the involvement of [Hanes] in a collaborative effort to aid those couples.”
If state officials cooperate, a notation will be made in the couples’ county records, specifying their new marriage dates, Hanes said.
“Once we get formal acknowledgement regarding these 100 couples, we’ll treat them exactly like the Ballen plaintiffs, and their marriages will be effective May 20,” he explained.
Hanes acknowledged that some of the couples may decline to participate in the plan. But he expressed hope that all of them would do so.
Kenenth W. Oakes and K. Edward Rice are among the 100 couples whose marriages remain in question. They’ve been together for 19 years and got married in September 2013, after receiving a license issued by Hanes.
“I just hope this can get resolved as soon as possible,” Oakes told PGN. “At stake for us is several thousand dollars in federal-tax savings for this year. And we want to move forward.”
Oakes said he’s amenable to the plan set forth by Hanes.
“If the state cooperates, we’ll gladly go along with Mr. Hanes’ proposal. We’re perfectly willing to change the effective date of our marriage, if it will bring finality to the situation.”