Osceola County Clerk to issue same sex marriage licenses Jan. 6

The Osceola County Clerk of Courts will issue marriage licenses to same-sex couples Jan. 6, when a stay on a ruling overturning the state’s ban on gay marriage expires.

According to county spokesman Andrew Sullivan, the Clerk’s office will open at midnight to serve same-sex couples.

“They’re going to open for a period of 2 hours, midnight to 2 a.m., and they’ll be serving about thirty couples,” Sullivan said.

When asked whether those couples have already been selected, Sullivan indicated that the thirty number was the demand anticipated by the Osceola Clerk. He said he’s “fairly certain” they clerk’s office would then be open normal business hours Tuesday, Jan. 6, but he can’t speak for that office at this time.

Messages to the Osceola Clerk of Courts office have not been returned.

When asked about the decision to move forward with the licenses, Sullivan referenced yesterday’s statement by state attorney Jeff Ashton saying Ashton’s office will not prosecute Osceola or Orange County Clerks who issue marriage licenses to same-sex couples Jan. 6.

The concern over prosecution stems from the attorneys who advise the Florida Clerks and Comptrollers Association, who have stated twice that clerks outside of Washington County can face criminal prosecution if they issue licenses Jan. 6.

This despite a ruling by federal Judge Robert Hinkle, who 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.

Orange County Clerk Tiffany Moore Russell told Watermark Dec. 23 she’s still waiting for judicial clarification on the issue.

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