Theresa Santai-Gaffney, Schuylkill County's register of wills and clerk of the Orphans' Court, wants a say in whether Pennsylvania must recognize gay marriage.
Santai-Gaffney, whose office issues marriage licenses in the county, asked U.S. District Judge John E. Jones III on Friday to allow her to intervene in the case, with a view toward appealing his May 20 order declaring Pennsylvania's ban on gay marriage unconstitutional.
Jones, whose chambers are in Harrisburg but who lives in Pottsville, is one of several federal judges who have declared state laws banning gay marriage unconstitutional.
Any appeal of Jones' decision would be heard by the Philadelphia-based 3rd U.S. Circuit Court of Appeals.
Santai-Gaffney said the issue should not stop with Jones' ruling, although Gov. Tom Corbett, who had defended the law in court, has said he will not appeal that decision.
"An appeal is necessary so that the judicial process is not abandoned," she said. "The people of Pennsylvania deserve to hear from the court of appeals on this important issue because a single judge should not be able to nullify the will of the majority without an appeal."
However, Santai-Gaffney said she will continue to follow Jones's ruling unless it is overturned, although she wants to intervene in the case in order to clarify what her official duties are.
"Due to the uncertainty of the state of the law, I will continue issuing marriage licenses to all couples," she said.