This lawsuit comes only one day after 21 same-sex couples filed suit [JURIST report] asking the Pennsylvania Commonwealth Court [official website] to affirm the legality of their marriage licenses, which were issued by a county clerk [JURIST report] who believed the state's same-sex marriage ban was unconstitutional. Earlier this month Commonwealth Court Judge Dan Pellegrini ordered the Montgomery County Register of Wills [official website] court clerk to stop issuing marriage licenses to same-sex couples, finding that the clerk could not disregard the Pennsylvania Marriage Law [text] simply because he believed it to be unconstitutional. Hanes began issuing licenses to same-sex couples after Kane said the law was unconstitutional under the US Supreme Court holding in United States v. Windsor [JURIST reports]. Thursday's lawsuit brings the tally up to at least four same-sex marriage suits that are now pending in the state of Pennsylvania.
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