(Philadelphia) -- The state Health Department is asking a court to stop a rogue county from issuing marriage licenses to gay couples.

The agency has filed a lawsuit in Commonwealth Court against D. Bruce Hanes. He oversees the granting of marriage licenses in Montgomery County, just outside Philadelphia.

The suit asks the court to prevent Hanes from giving them to gay couples because it violates state law.

Hanes began issuing licenses to same-sex couples last week. He has said he wanted to come down ``on the right side of history and the law.''

A Health Department spokeswoman did not immediately return a call for comment. Hanes says he has not yet read the lawsuit.

Pennsylvania is the only northeastern state without same-sex marriages or civil unions.