What a way to start 2015!
It’s official – same-sex marriage is legal in Florida come Jan. 6.
Federal Judge Robert Hinkle – who ruled the state’s ban on same-sex marriage unconstitutional back in August – has issued his order on the scope of his ruling.
“The founders of this republic adopted a Constitution and a system for its enforcement,” Hinkle’s ruling reads. “When there are disagreements about what the Constitution requires, those who are affected may seek a definitive ruling in court. These plaintiffs did that in this case. The Secretary and Surgeon General—as duly empowered officials of the State of Florida, represented by the Attorney General—joined issue. So did the Clerk. The result was an explicit ruling that Florida’s same-sex- marriage ban is unconstitutional.”
Read the full order here: Hinkle Ruling 1.1.15
Hinkle’s August ruling that the ban is unconstitutional came with a stay, set to expire end of day Jan. 5.
“The United States Supreme Court and federal courts of appeals had stayed similar rulings in other cases,” the Jan. 1 ruling reads. “I stayed the ruling in this case while those stays were in effect and for 91 more days—long enough to allow the defendants to seek a further stay in the United States Court of Appeals for the Eleventh Circuit and, if unsuccessful there, in the United States Supreme Court. The defendants did that. They lost. The United States Supreme Court allowed the ruling in this case to take effect.”
Despite that, the Florida Association of Court Clerks and Comptrollers attorneys 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 either stated that they’d hold off on issuing licenses until a court order clarifies the issue.
“I am thrilled that Judge Hinkle has emphatically announced that his prior ruling establishes that the Constitution requires ALL Florida clerks to issue marriage licenses to same-sex couples beginning January 6,” said attorney Mary Meeks, a member of the legal team behind a Florida lawsuit fighting for marriage equality. “There was never any legitimate confusion about that, but now the anti-gay forces that created the false confusion have no more excuses. Let the marriages begin!”
