A settlement has been reached in a dispute involving about 120 same-sex marriage licenses issued by Montgomery County Register of Wills D. Bruce Hanes.
The state Department of Health has agreed to accept the actual marriage-ceremony dates of about 120 same-sex couples who received marriage licenses from Hanes in 2013.
“It’s all been resolved,” Hanes said. “I’m very pleased with this outcome and I don’t anticipate any future issues. I’m really happy it’s worked out well for everyone. I’m also gratified that I helped further LGBT progress, because it meant so much to so many people.”
On Dec. 1, Hanes submitted a memorandum to Montgomery County Orphans Court Judge Lois E. Murphy, informing her of the agreement.
Hanes issued the licenses in the summer of 2013, even though marriage equality wasn’t enacted in Pennsylvania until the following year, due to the Whitewood ruling.
As a result, some same-sex couples who received marriage licenses from Hanes couldn’t receive employer-based health benefits, nor file joint tax returns.
About two years ago, Hanes filed an appeal in state Supreme Court, seeking a judicial order recognizing the actual marriage-ceremony dates of the same-sex couples who received 2013 marriage licenses from him.
This week, both sides were expected to file an application with the state Supreme Court, seeking a discontinuance of Hanes’ appeal.
Michael P. Clarke, an attorney for Hanes, praised the settlement.
“It took us a while to get here, but we’re glad we did,” Clarke said. “We have an agreement with both sides that’s much better than fighting it out in court.”
He said judicial approval of the 2013 marriage-ceremony dates wasn’t necessary.
“After reviewing the whole thing with the Department of Health, we don’t feel having a judge determine the actual dates of the marriage ceremonies was necessary,” Clarke said.
Clarke said Montgomery County officials expect to formally notify the couples of the settlement.
“It’s something that we’re discussing internally as to how we’re going to notify everyone. We haven’t reached a full decision on that yet. But it’s something we’re discussing.”
Clarke added: “Mr. Hanes was right all along and our legal theory was right all along. Marriage between two consenting adults is an inherent right that’s always existed.”
A spokesperson for the state Department of Health didn’t have a comment, as of presstime.
In September 2014, about 30 same-sex couples who received marriage licenses from Hanes obtained judicial approval to change their marriage-ceremony dates to May 20, 2014, when the Whitewood ruling went into effect.
It’s unclear whether any of those couples will be permitted to restore their original marriage-ceremony dates.