Federal Judge OKs Same-Sex Marriages in Florida

Florida counties have been given the green light by a federal judge to begin issuing marriage licenses to same-sex couples starting Jan. 6.

U.S. District Judge Robert Hinkle issued a ruling New Year’s Day in regard to a request from the state to clarify his earlier order that Florida’s ban on same-sex marriage was unconstitutional. Hinkle stayed that order in August with an expiration date of Monday. Questions about whether it affected only Washington County, where the initial lawsuit originated, or the entire state remained.

On Thursday, Hinkle said the order does apply to all 67 Florida counties should clerks of the court choose to follow it.

“There should be no debate, however, on the question whether a clerk of court may follow the ruling, even for marriage-license applicants who are not parties to this case,” the Tampa Bay Times quoted Hinkle’s order as saying.

Hinkle also cautioned clerks of the court who don’t begin issuing licenses that they could face legal ramifications down the road.

“History records no shortage of instances when state officials defied federal court orders on issues of federal constitutional law,” The Tampa Tribune quoted Hinkle as writing in his ruling. “Happily, there are many more instances when responsible officials followed the law, like it or not.”

Florida Attorney General Pam Bondi asked Hinkle for the clarification to ensure uniformity across the state.

“This office has sought to minimize confusion and uncertainty, and we are glad the Court has provided additional guidance,” Bondi said in a statement issued Thursday. “My office will not stand in the way as clerks of court determine how to proceed.”

It remains unclear how many of the state’s clerks will begin issuing marriage licenses to same-sex couples starting Tuesday.

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See Also:

• Supreme Court Refuses Action on Florida’s Same-Sex Marriage Ban
• Pam Bondi Asks U.S. Supreme Court to Extend Gay Marriage Ban