The American Civil Liberties Union will file their brief tonight, arguing why all Florida Clerks of Court should issue marriage licenses Jan. 6.
The deadline for that brief is midnight tonight. It is a response to a request by Federal Judge Robert Hinkle who asked that all parties to respond and state their positions by Dec. 29, so he can make a final ruling.
Hinkle ruled in August that Florida’s ban on same-sex marriage is unconstitutional and said same-sex marriage licenses could start being issued in Florida Jan. 6.
However the Florida Association of Court Clerks and Comptrollers attorneys have twice warned that Hinkle’s ruling only applies 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, with exception of Osceola County.
Here is a statement from ACLU of Florida Executive Director Howard Simon on today’s filings:
“A federal judge has ruled that Florida’s ban on marriage for same-sex couples is unconstitutional – that it is simply ‘an obvious pretext for discrimination,’ as Judge Hinkle had earlier noted – and issued a preliminary injunction against its enforcement.
“This means that when the ruling takes effect on January 6, all out of state marriages entered into by same-sex couples must be recognized by the State for all purposes, including state health, pension and other benefits, and all clerks must begin issuing marriage licenses to same-sex couples.
“The court’s injunction applies to all 67 county clerks because they act in concert with the state with respect to marriage licenses. Moreover, all public officials — including clerks – are expected to stop enforcing a state law that has been declared unconstitutional whether or not they are directly subject to the injunction. Florida is one state, not 67 separate states.”
In the meantime, a Miami Dade judge has set a hearing for 11 a.m. Jan. 5 to address the Miami Clerk’s motion for a clarification about the stay on same-sex marriage. It’s possible Hinkle could rule on tonight’s filings before then.
