A Montgomery County clerk is ready to go back to court.

The county solicitor, Ray McGarry, announced Tuesday that he would file an appeal on behalf of D. Bruce Hanes, the county's register of wills, to the state's ruling that ordered Hanes to stop issuing marriage licenses to same sex couples.

The Commonwealth Court ruling came down on Sept. 12.

Commonwealth Court Judge Dan Pellegrini's order said Hanes didn't have the power to decide on his own whether the same sex marriage ban violates the state constitution.

McGarry said the appeal would be filed in the next several days.