In a brief Wednesday, state attorneys said those marriage licenses were never valid, and compared gay and lesbian couples to “12-year-olds” who are also barred from marrying under state law. The state Department of Health and Montgomery County Register of Wills D. Bruce Hanes will appear in Commonwealth Court next Wednesday to argue the case… “Had the clerk issued marriage licenses to 12-year-olds in violation of state law, would anyone seriously contend that each 12-year-old . . . is entitled to a hearing on the validity of his ‘license’?” the state wrote. 154 marriage licenses have been handed out to gay and lesbian couples since late July.
Although I love the fact that Montgomery County is issuing licenses to same-sex couples, I think they’re on shakier ground than the New Mexico counties – in Pennsylvania, it is still explicitly illegal, while New Mexico has no such ban.