When D. Bruce Hanes began issuing same-sex marriage licenses from his office in Norristown, Pa., no one, not Democrats nor Republicans, questioned his sense of right or wrong. They did, however, question his legal authority. As the legally appointed register of wills for the third most populous county in the Keystone state, his decision to begin issuing those licenses July 24, before the Defense of Marriage Act (DOMA) was struck down by the U.S. Supreme Court two days later and before Pennsylvania has even considered striking down its own version of a constitutional ban on same-sex marriage, the licenses continued to be issued.
According to a report on the PoconoRecord.com, a record 16 same-sex marriage licenses where issued on Monday bringing the total to 82. The problem, of course, is that they’re not valid. “The register of wills cannot change the laws of this commonwealth by simply ignoring them. If that change comes, it will be through Pennsylvania courts or the Legislature,” opined Republican District County Attorney Risa Ferman.
Complicating the picture is what many political analysts say is a bruising re-election battle for Republican Gov. Tom Corbett who is mired in the low 30s in public opinion polls. Corbett’s decision to defend the ban, and in turn take a stance against what Hanes is doing, despite a majority opinion in favor of same-sex marriage, is a reflection of his political calculus: shore up his support among his conservative base or face the electoral wrath by jumping ship and getting in front of what is clearly an untenable position.
Which brings us back to Hanes who, untethered by political elections, is doing what he thinks is right. “I made a choice,” Hanes argues. And until he is forced from office for challenging the Pennsylvania constitution, appears he will continue to do so.
Gov. Corbett will probably not win re-election most analysts believe. And D. Bruce Hanes will almost certainly not stand trial for violating the law as it stands now.
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