A Pennsylvania judge ordered Thursday a suburban Philadelphia official to cease granting marriage licenses to same-sex couples in violation of state law.
Montgomery County Register of Wills Bruce Hanes started issuing same-sex marriage licenses nearly two months ago after announcing his belief that Pennsylvania's ban on same-sex marriage was unconstitutional.
While Pennsylvania Commonwealth Court Judge Dan Pellegrini doesn't address the constitutionality of the state's marriage law, his decision acknowledges a federal lawsuit filed in July that challenges it.
Instead, Pelligrini limits his scope to say that Hanes doesn't have the ability to declare a state law unconstitutional:
When public official [sic] don’t perform their assigned tasks, it creates the type of "complication" caused by the United States Attorney General decision not to defend DOMA, which led the Supreme Court of the United States in Windsor to spend as much time addressing that "complication" as it did on the merits of the case. In this case, a clerk of courts has not been given the discretion to decide that a law whether the statute he or she is charged to enforce is a good idea or bad one, constitutional or not. Only courts have the power to make that decision.
It's unclear whether this is a setback to Pennsylvania's marriage equality cause or not. By sticking to the administrative question at hand, Pellegrini has left the question of Pennsylvania's marriage law for another day. Which means for most same-sex couples in the Keystone State, it's business as usual:
Unless and until either the General Assembly repeals or suspends the Marriage Law provisions or a court of competent jurisdiction orders that the law is not to be obeyed or enforced, the Marriage Law in its entirety is to be obeyed and enforced by all Commonwealth public officials.
Left hanging in the balance are the 174 couples who have reportedly received marriage licenses from Hanes but whose marriages were never recognized by the state.
In other news:
- County-by-county marriage equality may have been stymied in Pennsylvania, but eight of New Mexico's 33 counties have given same-sex marriage the thumbs up. That patchwork endgenders confusion, naturally, so the New Mexico Supreme Court will hear a case on statewide marriage equality on Oct. 23.
- Leaving the lower 48 for a minute, Hawaii's governor has called a special session to consider a marriage equality bill.
- Congress is back in session, and for LGBT rights groups, that means another push to pass the Employment Non-Discrimination Act. The Washington Blade reports that advocates expect a vote on the bill, which would ban anti-LGBT discrimination in hiring, this fall.
- Another Pride, another kerfuffle - this time in Dallas, where LGBT activists are up in arms after Pride parade organizers asked people to put some clothes on this year. "You certainly can still express yourself," said the executive director of the group that sponsors Pride, "but unfortunately if your way of expressing yourself is to be naked or to be aroused in public, then it's inappropriate."
Fair enough, maybe. But Pride organizers have suggested that dancers wear swimsuits instead of underwear this year. Because, you know, nothing potentially lewd about that. (Safe for work, unless your workplace has banned British diver Tom Daley - who came out as straight but not narrow this week.)
Months after Russia passed a controversial law banning "propaganda of nontraditional sexual relations" - you may have heard of it - the country has reportedly admonished a cable TV channel for airing a movie promoting LGBT relationships. French musical "Les Chansons d'Amour", a favorite of Baltimore filmmaker John Waters, contains gay romance scenes. After it aired on EvroKino, the channel received a warning from Russia's media oversight body. So for those wondering how far-reaching that country's anti-gay law might be, here's one answer. Speaking of Russia (I know, I'm sorry): figure skater Johnny Weir donned a Russian military uniform to discuss the country's anti-LGBT laws and the Olympics during an appearance on ESPN2. Turkey has banned and blocked Grindr as a "protection measure." Feel free to riff on that one in the comments.
So, what LGBT-related news have you been talking about this week?