USA, Pennsylvania: Court Issues Guidelines for Marriage Equality Case

Written by scott on August 23rd, 2013

Pennsylvania mapThe Commonwealth Court of Pennsylvania has issued five guidelines for the upcoming marriage equality case. Joe.My.God reports:

According to the court directive, the five main issues to be argued in the lawsuit include whether Commonwealth Court has jurisdiction, because Hanes might be considered a judicial officer, and whether the issuance of a marriage license is even a judicial act at all. Another issue is whether the Pennsylvania Health Department, which filed the lawsuit against Hanes, has the legal standing to sue. If it does not, a judge will have to determine whether Attorney General Kathleen Kane’s refusal to defend the state’s marriage act has any implications for the case. Since the Health Department is asking the court to issue a writ of mandamus against Hanes — essentially ordering him to stop issuing the licenses — a judge will also have to decide whether his actions are constitutional.

The court will hear the case starting on September 4.

Find more articles and gay wedding resources in Pennsylvania.


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