21 same-sex couples want to over-turn the state’s ban on same-sex marriage. They filed a lawsuit in Commonwealth Court yesterday. These are some of the same couples that a Montgomery County clerk issued marriage licenses to in the past few months.
This lawsuit comes after another lawsuit that was filed two months ago in Commonwealth Court by the ACLU. In that case, the judge ordered that the Montgomery County clerk to giving marriage licenses to same sex-couples. However, the judge did not rule on whether those licenses were legal. That’s what the 21 couples listed in the lawsuit are asking a judge to do by overturning the state’s same-sex marriage ban.
FOX43 spoke with one couple who was involved with the first lawsuit. They say they backed out of this one because they believe their license is valid, and there’s no need to go any further. But, they do have some concerns.
“ I`m a little worried that at the end of this case if the judge determines they’re not valid someone’s going to get those names and go through the list and take away those marriage certificates, “ says Bolton Winpenny
A lawyer for the 21 couples in the lawsuit says their main argument is that the same-sex marriage ban violates both the U.S. and State constitution. In the lawsuit, these couples name the Governor as a defendant. A spokesperson with the Governor’s office says they haven’t been served with the lawsuit yet and until they are they can’t comment.