The First to Issue a Same-Sex Marriage License in PA: An Interview With Professor D. Bruce Hanes

By Faith Eckley & Professor D. Bruce Hanes

One day in the summer of 2013, the Pennsylvania Montgomery County Sheriff, flanked by deputies armed with large, intimidating firearms, entered the office of Thomas Jefferson University Adjunct Professor D. Bruce Hanes. The sheriff’s department was preparing to set up security measures in the Montgomery County Register of Wills and Clerk of the Orphans’ Court office because the Register, Professor Hanes, was about to do what no other Register in PA had done before: issue same-sex marriage licenses.

Professor Hanes is a Virginia native who began pursuing higher-level education at the University of Virginia. His time at UVA was interrupted after he was drafted in the mid-sixties. While in the Army, Professor Hanes attended evening courses at the University of Maryland, where he received his bachelor’s degree. Professor Hanes went on to study law at Temple University. After passing the Pennsylvania Bar, Professor Hanes was an attorney for the federal government, the Philadelphia government, and the Commonwealth. After leaving his position as an Assistant Attorney General for the Pennsylvania Department of Justice, Professor Hanes went into private practice.  

Professor Hanes was elected Montgomery County’s Register of Wills and Clerk of the Orphans’ Court in 2007. As Clerk of the Orphans’ Court, he issued marriage licenses. In the early 2010s, the environment around same-sex marriage was changing throughout the country as there was an increase in the number of Americans who supported same-sex marriage, so in the spring of 2013, when two women called the Clerk’s Office inquiring about a marriage license, Professor Hanes decided to accept their Marriage Application and issue them a marriage license.

Source by D. Bruce Hanes for Register of Wills Facebook Page

Professor D. Bruce Hanes stands in front of the Montgomery County Courthouse, where he issued Pennsylvania’s first same-sex marriage license.

Not wanting to keep the County Commissioners in the dark about these events, Professor Hanes met with two Commissioners to discuss the matter. The chairman at the time was none other than Pennsylvania’s current governor, Governor Josh Shapiro. The two Commissioners were very supportive of Professor Hanes in issuing

same-sex marriage licenses and all agreed that it was the right thing to do.

"The chairman at the time was none other than Pennsylvania’s current governor, Governor Josh Shapiro."

When Professor Hanes’ decision became known to the public, the Sheriff’s Department prepared for protests and disturbances. Professor Hanes recalled, “There was a concern. Everyone was concerned about the direction the protests might go.” Despite the concern about any disruptions from those opposing same-sex marriage, Professor Hanes was supported by his family, friends, and community, all wishing him well. There was no violence.

When I asked Professor Hanes why he decided to do this, knowing it was against state law and knowing he may face a backlash, Professor Hanes stated, “I never viewed myself as a person of “civil disobedience,” but I found myself in the middle of this and knew what had to be done. There is no reason why people should not have the same rights as other people just because of who they love.”

 "I found myself in the middle of this and knew what had to be done. There is no reason why people should not have the same rights as other people just because of who they love.”

The Pennsylvania Governor's Office under the Corbett Administration sued Professor Hanes. The Governor’s Office won their lawsuit in the Commonwealth Court, and Professor Hanes appealed that decision to the Pennsylvania Supreme Court. As a result of the first lawsuit, Professor Hanes was forced to stop issuing marriage licenses to same-sex partners for a brief time but was eventually able to continue due to favorable legal developments.

Same-sex marriage became legal in 2015 due to the United States Supreme Court ruling in the case of Obergefell v. Hodges. Professor Hanes continued issuing marriage licenses as the Montgomery County Clerk of the Orphans’ Court until he left office early last year. He continues to inspire and educate his students here at Jefferson about the law, rights, and gender equality.