Attorney General Bondi Asks Judge To Continue Blocking Gay Marriage

October 25, 2014

Same-sex couples should continue to be prevented from getting married in Florida until a legal battle plays out about the constitutionality of the state’s gay-marriage ban, Attorney General Pam Bondi said in a federal-court filing Friday.

The filing came after supporters of same-sex marriage this month requested that U.S. District Judge Robert Hinkle lift a stay that has at least temporarily blocked gay marriages from going forward. Bondi argued that the stay should remain in place until the 11th U.S. Circuit Court of Appeals can rule on the constitutionality of the voter-approved ban.

“There is a great public interest in stability of the law. If Florida’s law is going to change in the substantial manner plaintiffs seek, it should be only after the plaintiffs’ legal claims undergo appellate review,” the filing said.

Siding with same-sex couples in two combined cases, Hinkle ruled in August that the gay-marriage ban was unconstitutional, but he also placed the stay on the decision. The state subsequently filed an appeal that remains pending at the Atlanta-based appellate court.

Since Hinkle’s ruling, however, the U.S. Supreme Court declined to take up similar cases from other states — effectively clearing the way for same-sex marriages in those states. That spurred the request to Hinkle to lift the stay in Florida.

After Friday’s filing, American Civil Liberties Union of Florida attorney Daniel Tilley issued a statement saying the group hopes Hinkle will reject Bondi’s request to keep the stay in place.

“It’s disappointing that Attorney General Bondi and Gov. Rick Scott have chosen to continue to swim against the tide of inevitable history and block Florida families from having the protections that come with being married,” said Tilley, who represents same-sex couples who live in Florida but were married in other states. Florida does not recognize those marriages.

State circuit-court judges in South Florida have joined Hinkle in ruling that the ban, approved by voters in 2008, is unconstitutional. Bondi last week filed a document in a state appellate court arguing the Florida Supreme Court should decide the constitutional question — an issue she also raised in Friday’s federal court filing.

“The United States Supreme Court having passed on an opportunity to provide a decision with national effect, the state has now moved to have the issue resolved in the Florida Supreme Court with statewide effect,” Bondi’s filing said. “It is in the public interest to at least allow Florida’s highest court an opportunity to review the issue before ordering changes to Florida’s law.”

by Jim Saunders, The News Service of Florida

Comments

25 Responses to “Attorney General Bondi Asks Judge To Continue Blocking Gay Marriage”

  1. James Broel on October 28th, 2014 8:59 pm

    @Curious,

    I find people tend to pick and choose which bible verses apply to them and which ones should be ignored. Whoever is without sin cast the first stone. I’m certainly not perfect myself either.

  2. Curious on October 28th, 2014 7:37 pm

    Mark, if your ashamed to be called a Christian, you’re not one, you obviously haven’t read the BIBLE much or you chose to skip Sodom & Gemorrah

  3. Mark on October 28th, 2014 12:28 pm

    I don’t understand why so many people are up in arms about “gay” marriage. Does it really effect your life? It may offend you due to your beliefs, but it doesn’t effect your life!

    I consider myself a Christian, but here is my outlook on this: It has no effect on my life (whether I agree with it or not), so let them be. I may not agree with another person’s faith as well, but it has no effect on me, so let them be.

    In the end, we all stand before God and face our judgment. Those that spout off that it is an “offense to God” (in my opinion) are spouting blasphemous comments, because you are saying you “know the mind of God”, and NO MAN knows the mind of God!

    The bottom line is this: YOU ARE NOT GOD, so quit “judging” people and leave that to God himself.

    Sometimes I am ashamed to call myself a Christian because of all the hypocrisy I see displayed by other so called Christians. We are supposed to love everyone…did you miss that lesson in the bible?

  4. john on October 28th, 2014 6:33 am

    Yes, gay marriage will probably become law of the land, but I am ever mindful that I serve a God that is in control and he promises that he will deal with these people, he has in the past, present, and will do so in the future. So let’s be patient and fight the good fight for our Lord Jesus Christ.. Amen.

    May God Bless Pam Bondi

  5. jeeperman on October 27th, 2014 2:55 pm

    Bondi’s legal move in regards to the subject matter is merely one way she can pay back her attorney friends that are bank rolling her re-election campaign fund.
    The longer she can hold off “rolling over” the more money her attorney friends will make at the expense of our taxdollars.
    The writing is on the wall and she is blindly trying to put off the inevitable.

  6. 429SCJ on October 27th, 2014 9:41 am

    @Tim, absolutely. I would think that these people by now would be comfortable enough in their own skin, that they would not desperately continue to seek the acceptance and approval of others. If you have respect for yourself, you do not need the approval of others for validation.

    I try to be courteous and considerate of others, but personally I could care less weather you respect me or not. It is when you become disrespectful that change occurs, to varying rates and degrees as circumstance permit.

  7. southerner on October 27th, 2014 9:40 am

    There is no such thing as a marriage between a man and a man or a woman and a woman. Historically and Biblically that is not a marriage. Let God be the Judge .

  8. James Broel on October 27th, 2014 8:44 am

    429SCJ, your statements about same sex marriage are a little skewed. When you legally marry someone you must have consent by both parties to enter into the arrangement. A deceased person, an inanimate object or any animal would remain quite illegal because these things currently have no legal standing in the eyes of the law. It’s just a scare tactic to think this will start happening. Have states that allowed gay marriage suddenly started this type of legislation? The law currently is under review to afford same sex couples the same rights and privileges and economic benefits as male/female partners.

    And to suggest we gay people move or set up life in a new country is laughable. I’m a citizen of the United States and do not need to move elsewhere to be treated fairly by my state and government.

  9. BPD on October 27th, 2014 8:18 am

    Marriage as far as the state or Feds is concerned is nothing more than a legal agreement allowing two individuals to be recognized as a single entity for purposes of finance and taxatiion, just as a corporation is for multiple persons. As for the churches view, they have the freedom to be as closed minded as they want to be b

  10. Tim on October 27th, 2014 7:10 am

    Marriage is not a constitutional right, and the federal government has no business in the matter. It is a state issue and should be decided by the citizens of said state. If a person doesn’t like the decission of the state then they can move to a state that is more in line with thier own beliefs. We as a people need to quite trying to force people into believing as we do and love each other for who we are. If we dont start respectimg each other soon we are going to lose this great nation..

  11. Shelia on October 27th, 2014 4:43 am

    I do not care for Bondi, her priorities are screwed up. But really what are your choices? You have Sheldon and Perry, neither of which I would vote for either….

  12. 429SCJ on October 26th, 2014 9:12 am

    What if someone wants to marry a deceased person, an animal or inanimate object? Where are their rights?

    Why do people of alternative sexual orientation (politically correct?) not establish their own state or nation? People of such nature could come from all over the world and would not be impeded from committing whatever act they wish to indulge themselves, in their own nation.

  13. angel on October 25th, 2014 11:13 pm

    This is ridiculous, as long as you are of age you should be able to marry whom ever you love…….love is love is love. Stop being so judgemental.

  14. Janet Horn on October 25th, 2014 7:09 pm

    I’m glad she is standing with what the majority of Floridians voted concerning this issue!

  15. Frank on October 25th, 2014 4:35 pm

    Laws guide and keep sanity, just as the argument against multiple marriages or many people? where can you stop if you remove the boundaries?

    God help us!

  16. BPD on October 25th, 2014 3:07 pm

    Anyone worried about gay’s getting married, must not have much else in life to worry about. If you don’t like gay marriage, don’t marry a gay. Live and Let Live.

  17. MB on October 25th, 2014 1:33 pm

    I think it is probably a good thing that people can’t vote their individual prejudices into law. The constitution protects us. Thank you.

  18. James Broel on October 25th, 2014 12:05 pm

    JT Palma, I just really don’t understand the argument. Just because a person or people don’t agree with your point of view? It’s about time people learn to live with other people. This isn’t the 1800’s any longer. America is changing…for the better finally.

  19. JT Palma on October 25th, 2014 11:27 am

    Well said Tracy Smith. The majority gets no say in Amerika. Should someone disagree with this minority, then he/she is labled a racist, or bigot. However, I am cool with the label. I no longer care what you label me. I will not be silent any longer. Go back to the closet, or move to a state that the majority has voted to allow the same right. We are certainly doomed as nation.

  20. Realist on October 25th, 2014 11:05 am

    Because you cannot strip away the constitutional rights of individuals based on a majority vote. That’s kind of the point of the constitution. It guarantees certain inalienable rights. The liberties of the few are not decided by majority view.

  21. melodies4us on October 25th, 2014 10:36 am

    Good news.

  22. molino jim on October 25th, 2014 10:21 am

    @Tracy. As the old saying goes, “I don’t have a dog in this fight” but a little insight on the subject. Some times the numbers do not tell the whole truth. N.C. just had the same fight going on. The number quoted was 60% voted to not allow same sex marriages. But as Paul Harvey would have said “now the rest of the story”. Only 30% of the voters voted =(18% no). I do not remember how many votes were cast in Florida, but based on the poor turn out on most election it would be about the same. It’s odd that Bondi who is so concerned about same sex marriage destroying marriages and families has been married THREE times. I guess she just likes to shop around.

  23. James Broel on October 25th, 2014 10:06 am

    Tracy Smith not all laws are good laws or follow the U.S. Constitution. I’m thankful we have a government of checks and balances to ensure laws are enacted fairly.

  24. JRES on October 25th, 2014 10:00 am

    FOR THE PEOPLE, BY THE PEOPLE. OUR GOVERNMENT HAS FORGOTTEN WHAT THE CONSTITUTION SAYS FIRST….

  25. Tracy Smith on October 25th, 2014 5:27 am

    Why do we (the people of any state) vote for things if the courts are just going to turn around and say that it’s unconstitutional? The people have spoken… they need to be listened too… this is an election year and some can be voted out. It seems that we are run by government instead of government run by us.