On the same day that Pennsylvania’s Office of General Counsel sent a letter to state Attorney General Kathleen Kane, chastising her “improper” declaration that she would not defend the state against marriage lawsuits. Pennsylvania’s Department of Health today filed suit to stop Montgomery County from issuing same-sex marriage licenses.
The lawsuit, filed this morning by the state Department of Health’s chief counsel, asks that the court immediately force Hanes to “comply with the [Pennsylvania] Marriage Law and to direct the Clerk to immediately cease and desist issuing marriage licenses to same-sex couples.” The Health Department filed the suit because it processes and tracks marriage records for the state. “Compliance with Pennsylvania law by its public officials is a mandatory obligation,” the suit states. “Ours is a government of laws, not one of public officials exercising their will as they believe the law should be or will be.”
Bruce Hanes, the register of wills, in Montgomery County who began granting marriage licenses last week stated “While it comes as no surprise that the Corbett Administration has filed an action seeking to enjoin marriage equality in Montgomery County, the petition filed today in Commonwealth Court by the state Department of Health has serious flaws,” County Solicitor Ray McGarry added that. “Montgomery County will be filing a response shortly. In the meantime, the Register of Wills office will continue to issue marriage licenses to same-sex couples.”
It seems that GOP Gov. Tom Corbett’s administration which knows hat same sex marriage is popular and fighting it directly would give the Democrats ammo against him he is having Michael Wolf who he appointed as Secretary of the Pennsylvania Department of Health in 2012 do his dirty work for him.