Miami Dade clerk seeks clarification on marriage license question

One county clerk is trying to find out once and for all whether it’s legal to issue marriage licenses to same sex couples on Jan. 6.

Federal Judge Robert Hinkle previously declared Florida’s ban on gay marriage unconstitutional and said same-sex marriage licenses could start being issued in the state after Jan. 5 unless the Supreme Court intervened. The Supreme Court said Dec. 19 it would not stand in the way.

However, on Dec. 16, the Florida Association of Court Clerks and Comptrollers warned that Hinkle’s ruling only applies now in Washington County, and clerks in other counties could face criminal charges if they issue licenses.

Since then, clerks in most Florida counties have either stated that they’ll hold off on issuing licenses until the Association updates their recommendation or a court order clarifies the issue.

Miami Dade Clerk Harvey Ruvin is seeking that clarification. Ruvin is the defendant in a lawsuit by the Equality Florida Institute and six same-sex couples fighting for marriage equality. On Dec. 22, he filed a motion requesting the 11th judicial circuit court clarify and expedite the details of the stay’s expiration.

“These conflicting opinions have created confusion among clerks of court as well as the public, including same-sex couples in Florida who are planning their weddings and eager to obtain marriage licenses after Jan. 5,” Ruvin’s motion reads.

A statement released to media from the state attorney’s office, about whether they’d prosecute clerks who issue licenses to same-sex couples, didn’t shed much light:

The State Attorney does not announce in advance which cases he will prosecute. If he receives a complaint, that complaint will be investigated and evaluated, as other complaints are, and a charging decision will be made at the appropriate time.

Ruvin’s motion discusses how Florida clerks are “duty-bound to remain neutral in this case,” but explains that clerks offices have been “inundated, however, with telephone calls and visits from couples seeking clarity as to their ability to obtain a marriage license after January 5.

Now, would the court’s response apply to just Miami-Dade county, or will it clarify things statewide? Again, the answer is unclear at this time. The specific request is just for Miami-Dade, but it’s possible the judge’s ruling could clear up the question for the whole state.

Read the motion: Motion For Clarification – Pages 1 to 8

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