Lawyers for Pennsylvania Governor Tom Corbett responded to a lawsuit against the state for the ban on gay marriage claiming men and women are "are treated identically" under the law, Philly.com reported.
On Sept. 6, Nicola and Tamara Cucinotta filed a lawsuit saying "they have the right to be married to one another" but are not allowed to because of LGBT discrimination.
In their response, the state said the plaintiffs do not present hard evidence proving their point in their complaint.
"The Marriage Law treats men and women equally, allowing both a man and a woman to enter into the contract of marriage with someone of the opposite sex," wrote William Lamb, an attorney hired by the Corbett administration to specifically handle the influx of gay marriage lawsuits.
The lawyers also claimed the Cucinottas did not "demonstrate that the Marriage Law in any way denies them the inherent right of pursuing their own happiness" and cannot sue the commonwealth because it is a sovereign entity.
The state's current ban on same-sex marriage is based off of their definition of marriage being between one man and one woman. The Cucinottas were one of 100 gay and lesbian couples who obtained marriage licenses Montgomery County Register of Wills D. Bruce Hanes before Commonwealth Court Judge Dan Pellegrini ruled Hanes did not have the authority to determine whether the state's ban on same-sex marriage violates the Pennsylvania constitution.
However, when Pellegrini issued the ruling he did not specify how it would affect couples who already received licenses, causing confusion and concern about taxes and benefits.
Last month, the IRS said it would recognize married couples who wed in states where gay marriage is legal. At the moment, same-sex marriage is outlawed in Pennsylvania.
U.S. Rep. Allyson Y. Schwartz (D-PA) contacted the IRS on Monday to clarify their guidelines for Pennsylvania couples.
