It appears a state court action implicating the constitutionality of Pennsylvania's ban on same-sex marriage could reach at least a partial resolution before a previously filed federal action that tackles the issue head-on. But disputes over jurisdiction and standing might delay a ruling on the issue of whether the state's law is enforceable.
The Commonwealth Court agreed this week to fast-track the Pennsylvania Department of Health's petition for a writ of mandamus seeking to stop Montgomery County Register of Wills D. Bruce Hanes from issuing marriage licenses to same-sex couples. The case, filed under the court's original jurisdiction, has not yet been assigned to a judge. A per curiam order set a briefing schedule ordering the state to file its brief by August 12 and Hanes to respond by August 19. An argument schedule will then be set on an expedited basis, the court said.
