Orange County Clerk: “My hands are tied” on marriage licenses

Despite the state attorney’s assurance that his office will not prosecute Clerks of Court who issue marriage licenses to same-sex couples Jan. 6, Orange County Clerk Tiffany Moore Russell is not ready to commit.

“I’m asking people for patience and understanding,” Moore Russell said, adding that she’s waiting for judicial clarification on the issues. “[State Attorney] Jeff Ashton is not saying [issuing the licenses is] not a violation, he’s saying he won’t prosecute. I don’t get to choose whether I do or don’t want to. I don’t get to play policy as a clerk.”

Moore Russell said the state attorney’s statement has not changed the opinion of Greenberg Traurig, the attorneys who advise Florida Clerks and Comptrollers Association. That group has advised Florida Clerks of Court (outside of Washington County) twice now that issuing the licenses Jan. 6 would be illegal.

“What we should all want is consistency and uniformity throughout state of Florida,” Moore Russell said. “That’s what clerks want. We don’t want piecemeal. We receive our orders from judges or courts. Clerks are duty-bound to follow instructions.”

Moore Russell added that the clerks’ forms come directly from the state, and she does not “have the authority” to change the marriage license application, which currently reads “man” and “woman.” She said if her office did receive direction from the state to issue licenses to same sex couples, “We would be ready the day we were told to do it.”

She said personally, she still supports marriage equality and would “love” to issue licenses to same sex couples Jan. 6, but she has to “make sure I have direction so I don’t do something that would be considered invalid later.”

In her campaign for the Clerk of Courts position, Moore Russell ran on a pro-equality platform and scooped up several high-profile LGBT supporters along the way. Watermark asked how she responds to LGBT voters who view it as a betrayal, that she won’t say she’ll issue the licenses Jan. 6.

“My support has not wavered,” Moore Russell said. “I still support marriage equality. We’re continuing to look at this. We have not said ‘No’ and then sat down. We’re making sure we’re doing it correctly so it protects the families that come before us. I haven’t changed but I do know what role that I serve. I ask for their patience and understanding and knowing that their clerk is really working hard to resolve this issue for their sakes.”

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