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Montgomery County to Appeal Judge's Marriage License Halt

The Pennsylvania Supreme Court could be the next stop for a suburban Philadelphia county's battle to issue marriage licenses to same-sex couples.

Montgomery County said Tuesday that its solicitor, Ray McGarry, will appeal a state judge's order stopping a court clerk from issuing the licenses.

McGarry says he'll file the appeal in the next several days on behalf of Bruce Hanes, the register of wills.

Hanes maintains that Pennsylvania's 1996 law that says marriage is between a man and a woman is unconstitutional. But Commonwealth Court Judge Dan Pellegrini ruled last week that Hanes had no power to alone decide whether the law is constitutional or not.

The state Health Department under Republican Gov. Tom Corbett took Hanes to court after he began issuing licenses to same-sex couples in July.

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