Commonwealth Court President Judge Dan Pellegrini cut to the essentials in the threshold arguments for the case challenging the Montgomery County clerk who has been issuing marriage licenses to same-sex couples. The core issue is who decides, he said.
That distillation applies to two primary issues before him: which court, his or the Pennsylvania Supreme Court, has jurisdiction; and to what degree D. Bruce Hanes, in his role as issuer of marriage licenses in Montgomery County, has the discretionary power to decide how to issue them.
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