Jenny DeHuff | Mainline Media News | September 3, 2013
NORRISTOWN — In a legal brief filed Wednesday in Commonwealth Court, the Pennsylvania Department of Health argued that the inclusion of same-sex couples as “intervenors” in the state’s lawsuit against the Montgomery County register of wills would be “unnecessary, redundant and superfluous.”
Thirty-two gay and lesbian couples awarded marriage licenses by Register of Wills and Clerk of the Orphan’s Court D. Bruce Hanes last week asked a judge to add their names as “intervenors” in the Health Department lawsuit. In its brief, the state, which had until Wednesday to respond, argued that the couples’ interests were already properly served by the arguments made by Hanes and his attorneys.
“In short, this case is about one thing: whether a local official may willfully disregard a statute on the basis of his personal legal opinion that the statute is unconstitutional,” says the brief, which was authored by James D. Schultz, attorney for the commonwealth. “This court need not and should not delve into the clerk’s motives or reasons for his disregard for the rule of law and dereliction of his duties under the law.”