The same-sex marriage battle goes another round in Montgomery County today with the county issuing its response to this week's legal efforts by the state to stop the county from issuing marriage licenses to same-sex couples.
The Pennsylvania Department of Health filed a petition on Tuesday claiming the Register of Wills, D. Bruce Hanes, was not performing his job to the letter of the law by issuing those permits, because Pennsylvania's Marriage Law states that marriage is a contract between a man and a woman.
The county responded to the lawsuit today, asking that the suit be dismissed. The county is making three major claims. They're arguing that the health department has not control over marriage licenses and so has no authority to bring a suit against Hanes. Montgomery County Solicitor Raymond McGarry said the law only allows three people who can file a petition, or Writ of Mandamus that the state filed on Tuesday -- the state's Attorney General, the county's District Attorney or a private citizen.
The county is also arguing that the state's suit was filed in the wrong court and that the state's petition, which is called a Writ of Mandamus, can only be issued by the state's Supreme Court.
Ultimately, the county argues that the state hasn't met its burden of proof and that in order to do that, the state would have to prove that Pennsylvania's marriage law is constitutional.
Hanes has been issuing same-sex marriage licenses since July 23, saying he made the decision to come down on the right side of the law and history.
County officials are holding a news conference at 11 a.m. to go over their position and answer questions. We will stream the event live, right here on NBC10.com
This story is developing, please check back for updates.
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