AG Bondi Says Florida Justices Should Decide Gay Marriage Fight

October 15, 2014

Attorney General Pam Bondi on Monday filed a court document arguing that the Florida Supreme Court should decide the constitutionality of the state’s ban on same-sex marriage.

The document, filed in the 3rd District Court of Appeal and first reported by The Miami Herald, comes after the U.S. Supreme Court last week declined to take up similar same-sex marriage cases from five other states.

The U.S. Supreme Court’s decision effectively allowed same-sex marriage to occur in those states because lower courts had found bans unconstitutional. State circuit judges in South Florida earlier this year declared Florida’s ban unconstitutional. That led Bondi’s office to appeal to the 3rd District Court of Appeal.

The request filed Monday would lead to the appeal going straight to the Florida Supreme Court, a move that same-sex marriage supporters also have backed.

“To date, no appellate court in Florida has ruled on the important issue this case presents,” the document said. “Florida’s citizens need a definitive answer, and they need it sooner rather than later.”

Separately, however, a Tallahassee federal judge in August found Florida’s ban unconstitutional. Gay-rights supporters have asked the federal judge to lift a stay on his ruling and allow same-sex marriages to be recognized in the state. That request is pending.

by The News Service of Florida

Comments

6 Responses to “AG Bondi Says Florida Justices Should Decide Gay Marriage Fight”

  1. Claire Hogan on October 15th, 2014 11:59 pm

    Our Rights come from the constitution, Life, Liberty and the pursuit of
    Happiness.. Not by a ballot
    , To deny equal rights because, of popular vote. Is mob rule.

  2. Ulysses Everette McGill on October 15th, 2014 4:57 pm

    No Ms Bondi- the people of Florida should decide… NOT the court.

  3. Rufus Lowgun on October 15th, 2014 2:06 pm

    Ghandi once famously said “I like your Christ, I do not like your Christians. Your Christians are so unlike your Christ”.

    I think Ghandi would have liked you, Katie. I’m a Christian as well, and I agree with you 100%

  4. GP on October 15th, 2014 1:24 pm

    Folks , No one to include prohibits “anyone” from getting married under any current law. If you want to marry your horse and can get a person to do that, then go for it just be very careful of what you do after that point. Remember the last words normally spoken by the legal authority marrying someone is, ” By the power vested in me by the State Of XXXX, I hereby pronounce you Husband and wife”. No where does it state by the “power vested in me by the Federal government”. Under the US constitution, if a state cedes that power to the Courts then ok, but if they haven’t A federal court can not legally compel that state to do anything. What this actually does is to force the “State” to issue a legally binding document. That is something the Supreme Court, and for that matter no court does have that power to do under the constitution. Courts/judges can only render an opinion of the constitutionality of a Law, they do not have the power to “Write/Rewrite” law. That power solely rests with the legislative Branch of government. So these Court rulings are not in compliance with the US constitution and therefore illegal.

    Most judges far exceed their limited powers under the US constitution and what they decree is in fact “unconstitutional” as the law they just stated was “unconstitutional”

  5. jeeperman on October 15th, 2014 11:11 am

    I am confused.
    If the Florida State Supreme court rules that the ban IS valid, does that not go against the U.S. Supreme Court that essentially let stand the lower federal court rulings that ruled the bans unconstitutional in other states?

  6. Katie on October 15th, 2014 6:54 am

    To deny rights to a person is unthinkable, why does Bondi think its okay to do that? I as a Christian believer don’t agree with heterosexuals living together and playing house, I don’t agree with teens having pre-marital sexual relations, I don’t agree with rape that is now called something else. So what I don’t agree, each human being is given the right by God to determine what a sin is and how each have sinned or not sinned. Each person will answer for his/her sins, that is up to God to judge not us.