The county in suburban Philadelphia remains under a judge's order issued after the state sued it. Frank Custer, the county's communications director, said officials filed an emergency application asking the Pennsylvania Supreme Court to lift the ban Tuesday.
Montgomery County Register of Wills D. Bruce Hanes issued 174 marriage licenses to same-sex couples between July 24 and Sept. 12 last year, and believes that 118 of those couples actually tied the knot. The county solicitor's office argues that the marriages that were contracted are valid.
The Supreme Court ordered the state Department of Health, the plaintiff in the litigation with Montgomery County, to respond by next Tuesday to the county's application.