By Pat Loeb

PHILADELPHIA (CBS) – The back and forth continues between the state and Montgomery County’s Register of Wills, over the issuing of marriage licenses to same-sex couples. The County filed a response Monday to the state’s request that Commonwealth Court order a halt to the same-sex marriage licenses.

Attorneys for the Pennsylvania Department of Health have requested the order, arguing that state law defines marriage as something between a man and a woman. Montgomery County attorney Josh Stein responds that the Health Department has no standing in the matter and that the County cannot be compelled to enforce a law that violates the state and U.S. constitutions.

“A law restricting marriage to opposite sex couples prevents Pennsylvanians from living their lives and enjoying a fundamental civil right,” said Stein.

This is the second round of briefs each side has filed, so Stein expects Commonwealth Court will next order oral arguments, but the Court has not disclosed a timeline for deciding the case.

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