September 12, 2013
The judge said only courts can decide whether a statute, such as Pennsylvania’s anti-gay marriage statute, is valid:
After considering nearly 500 pages of legal briefings and over an hour’s testimony Sept. 4 in Harrisburg, President Judge Dan Pellegrini today ordered Hanes to stop issuing the licenses. “A clerk of courts has not been given the discretion to decide … whether the statute he or she is charged to enforce is a good idea or bad one, constitutional or not. Only courts have the power to make that decision,” Pellegrini wrote.
The ruling doesn’t appear to address whether marriages already performed in the county will remain valid.
EqualityOnTrial will have more coverage in the coming days.
Thanks to Kathleen Perrin for this filing