Constitutional Law

Gay couples, like 12-year-olds, can’t marry, Pennsylvania brief says

Lawyers for Pennsylvania Gov. Tom Corbett are seeking to block same-sex marriages in a brief that equates gay and lesbian couples with 12-year-olds who can’t marry.

The suit by the state Health Department is seeking to stop a suburban Philadelphia official from issuing marriage licenses to gay couples, report the Philadelphia Inquirer and the Associated Press. Montgomery County Register of Wills D. Bruce Hanes has issued more than 150 marriage licenses to same-sex couples since July 24.

More than 30 same-sex couples want to intervene in the suit, but the state opposed their efforts in a brief filed on Wednesday. “Had the clerk issued marriage licenses to 12-year-olds in violation of state law, would anyone seriously contend that each 12-year-old … is entitled to a hearing on the validity of his ‘license’?” the state wrote.

Prior coverage:

Pittsburgh Post-Gazette: “Pennsylvania Health Department sues county to stop issuance of marriage licenses for gay couples”

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