Montgomery County Solicitor Raymond McGarry said Friday the Pennsylvania Department of Health has no standing to challenge the county's issuance of marriage licenses to same-sex couples and the Commonwealth Court has no jurisdiction to hear the case — and even if they do, the law barring same-sex marriage in the state is unconstitutional.
McGarry's comments came after he filed preliminary objections Friday morning to the Department of Health's lawsuit against D. Bruce Hanes, the Montgomery County register of wills and clerk of the Orphans' Court who has issued nearly 50 marriage licenses to same-sex couples in the last few days.
