Montco Clerk Ordered to Stop Same-Sex Marriages

, The Legal Intelligencer


The Montgomery County clerk who started issuing marriage licenses to same-sex couples this summer has been ordered to stop by the Commonwealth Court.

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What's being said

  • Todd Barnes

    The county officials involved should be ashamed at the way they tried to backdoor the democratic process. They knew they were wrong from the begining. Civil disobedience in protest of a law you disagree with is one thing, but when it comes at the hands of a government employee, that disobedience is actually insubordination and just as criminal as Judge Pellegrini's opinion says it is. I'm curious to know why this article says: "The judge's decision doesn't affect the licenses that have already been issued." The judge's decision clearly and conclusively affirms that those licenses were never valid in the first place because the clerk, who serves only a ministerial function and not a judicial function, never had the authority to issue those licenses. If the people want to change the law they can change it. There is actually a democratic process for that, and at least a couple of different legally appropriate ways to go about it. But the moral of the story here is, if you work for the government, do the job the people are paying you to do. If you don't like it ... quit. Nobody elected Bruce Hanes with the expectation that he would defy the Laws of the Commonwealth and do his own thing with regard to same sex marriages. He doesn't get to make that call. But then, I'm sure he knew that when he decided to make headlines.

    - TB

  • not available

    I am proud that my county officials took this bold move on the road to equality. I am sure that in the next decades, many will look back in disgust at the inequalitythat we have in our marriage laws today, just as we are aghast at the inequality recently showcased in The Butler.

    Susan Brown

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