NORRISTOWN, Pa. -

The Montgomery County registrar who's been issuing marriage licenses to same sex couples is being sued by the state Department of Health. Now he's fighting back.

The county solicitor Ray McGarry has filed a brief in support of D. Bruce Hanes' preliminary objections in Hanes' capacity as the clerk of orphans' court.

The court documents ask the Supreme Court to dismiss the Department of Health's lawsuit, which was filed to stop Hanes from issuing the licenses to gay couples.

The brief says if Hanes refused to issue these licenses to same sex marriages, it would violate the 14th Amendment to the United States Constitution and Article I of the Pennsylvania Constitution, which recognizes the civil right, the right to marry.

McGarry has scheduled a news briefing Friday at 11 a.m.