Osceola Clerk confident in decision to issue marriage licenses Jan. 6

The Osceola County Clerk of Courts says he has “never felt so sure in [his] life” that he’s making the right decision to issue marriage licenses to same-sex couples Jan. 6.

Osceola Clerk Armando Ramirez is one of just two clerks in the state of Florida who plan to issue marriage licenses immediately after a hold on same-sex marriage is lifted at end of day Jan. 5.

That hold is the result of a stay placed on U.S. District Judge Robert Hinkle’s August ruling that Florida’s ban on same-sex marriage is unconstitutional. The other clerk who will issue licenses is in Washington County, where the couple whose lawsuit led to Hinkle’s ruling resides.

“When Hinkle made that decision, he declared the law that is banning same sex marriage or marriage equality unconstitutional,” Ramirez said. “In good conscience I cannot support a state law that has been declared unconstitutional by a federal court.”

Ramirez says they’ll open up the marriage license office at midnight Jan. 6 for two hours. As with all Florida licenses, a three-day waiting period applies unless the couple has taken a pre-marital course- the Osceola Clerk website has a list of eligible providers. Then, on Jan. 6, the office will be open during its regular business hours and will be issuing marriage licenses to same-sex couples during that time.

The Osceola County Clerk’s office is working on revising the marriage forms, changing “Bride” and “Groom” to “Spouse 1” and “Spouse 2,” Ramirez said. Orange County Clerk Tiffany Moore Russell, who at this time does not plan to issue licenses to same-sex couples Jan. 6, told Watermark Dec. 23 that her “hands are tied” on marriage licenses and that she does not “have the authority” to change the marriage license application.

“That’s her opinion,” Ramirez said. “I respect that, but my obligation is to the people of Osceola County.”

Moore Russell 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.”

The two clerks are being compared because they both fall under the authority of state attorney Jeff Ashton, who announced Dec. 23 that his office would not prosecute clerks in Osceola or Orange counties for issuing marriage licenses to same-sex couples Jan. 6.

“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.”

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.

Ramirez does not share Moore Russell’s concern over the interpretation of the ruling.

“I am an elected public official,” Ramirez said. “My discretion is to follow the statutes. I cannot impose my religious beliefs on people. I believe in the separation of church and state.”

Ramirez said he is receiving “subtle” pushback from people who don’t want him to issue the licenses.

“Of course they want to persuade me not to do it,” he said.

When asked who is attempting to talk him out of issuing the licenses, Ramirez would only say, “Lawyers, people involved with other clerks.”

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