Same-Sex Marriage Ban: Should Florida Give Up the Fight?

While the U.S. Supreme Court’s Monday decision against hearing appeals related to same-sex marriage laws in Virginia and four other states appears to have effectively ended the ban in those states, that’s not the case in Florida and 19 other states.

The Sunshine State’s ban against same-sex marriage remains in place despite a federal judge’s ruling to the contrary. U.S. District Judge Robert L. Hinkle ruled in August that the state’s 2008 voter-approved amendment that effectively bans same-sex marriage violates the U.S. Constitution’s 14th amendment, which grants equal protection.

Despite his ruling, Hinkle opted not to open the floodgates for same-sex marriage. He stayed the effective date of his order to give those wishing to appeal his decision a chance to do so.

Fast-forward to the Supreme Court’s Monday announcement and it becomes a bit murky what options the state has left in attempting to hold up its ban.

Florida Attorney General Pam Bondi and those in the 19 other states where same-sex marriage remains barred now find themselves in the position of having to decide whether to dig in for a long legal battle or just let the issue drop, The Tampa Tribune pointed out.

Bondi has stated in the past that the U.S. Supreme Court should have the final say on the issue. She’s holding her line by reviewing cases across the country, but it’s unclear what direction she’ll ultimately take.

The American Civil Liberties Union of Florida has stepped up its game, asking Hinkle to lift his stay, the Tribune said.

“In light of yesterday’s pathbreaking development, Plaintiffs respectfully submit that the Court should lift the stay immediately,” the Miami Herald quoted the ACLU’s lawyers as writing in their request that followed Monday’s Supreme Court decision.

Should Hinkle remove the stay? Should Florida’s ban be dropped, or should the state continue to back the voter-approved ban? Share your thoughts by commenting below!

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See Also:

• Florida’s Same-Sex Marriage Battle Not Over Yet
• Federal Judge: Florida’s Ban on Gay Marriage Unconstitutional
• State Ban on Gay Marriage Unconstitutional, 3rd Judge Says
• U.S. Rep. Jolly Announces Support of Gay Marriage
• Same-Sex Marriage: Supreme Court or Bust?
• Song Calls Out Florida Attorney General on Gay Marriage
• Same-Sex Marriage Now Legal in Florida Keys