A federal judge is pushing the parties involved to do their parts to he can make a final ruling on marriage equality orders in Florida – where they apply, who gets licenses, and how things will go down Jan. 6.
Judge Robert Hinkle, who ruled that Florida’s ban on same-sex marriage is unconstitutional back in August, has filed an order setting things in motion so he can clarify how the ruling applies when a stay on same-sex weddings expires Jan. 5. The order asks that all parties to respond and state their positions by Dec. 29, so he can make a final ruling.
The confusion stems from Florida’s county clerks of court getting conflicting information as to what is legal and proper come Jan. 6. Right now, most clerks say they won’t issue licenses after the Florida Clerks and Comptrollers Association has advised twice that clerks outside of Washington County – where Hinkle made his ruling – can face criminal prosecution if they issue licenses Jan. 6.
Orange and Osceola Counties State Attorney Jeff Ashton announced his office will not prosecute Clerks of Court who issue marriage licenses Jan. 6, 2015. Additionally, Hinkle previously stated 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.
