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Judge Clears Way For Same Sex Marriages
January 2, 2015
Pointing to his earlier “explicit ruling that Florida’s same-sex marriage ban is unconstitutional,” a federal judge Thursday issued an order that likely clears the way for gay marriages to start across the state.
U.S. District Judge Robert Hinkle’s order came amid a legal debate about the scope of his August ruling, which struck down a gay-marriage ban approved by Florida voters in 2008. A stay on the August ruling expires at the end of the day Monday, allowing same-sex marriages to start Tuesday.
The legal debate during the past two weeks centered on whether Hinkle’s original ruling, which involved a preliminary injunction against the ban, applied only to issuing a marriage license to two Washington County men who are plaintiffs in the case — or whether it required court clerks across the state to start issuing licenses.
In his order Thursday, Hinkle wrote that his broad ruling about the unconstitutionality of the ban requires the Washington County clerk to issue licenses to other same-sex couples.
“The preliminary injunction now in effect … does not require the clerk to issue licenses to other applicants. But as set out in the order that announced issuance of the preliminary injunction, the Constitution requires the clerk to issue such licenses,” Hinkle wrote. “As in any other instance involving parties not now before the court, the clerk’s obligation to follow the law arises from sources other than the preliminary injunction.”
Hinkle made clear that other clerks can also issue marriage licenses to gay couples —- and warned that clerks who don’t issue licenses face the possibility of getting brought into the case.
“Reasonable people can debate whether the ruling in this case was correct and who it binds,” Hinkle wrote. “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. And a clerk who chooses not to follow the ruling should take note: the governing statutes and rules of procedure allow individuals to intervene as plaintiffs in pending actions, allow certification of plaintiff and defendant classes, allow issuance of successive preliminary injunctions, and allow successful plaintiffs to recover costs and attorney’s fees.”
The four-page ruling drew different interpretations after being released on New Year’s Day.
Attorney General Pam Bondi, whose office has defended the ban, issued a statement that said Hinkle’s ruling does not require clerks to issue licenses to same-sex couples other than the plaintiffs in the case — but that it allows clerks to do so. As a result, Bondi said she would not seek to block clerks from issuing licenses.
“This office has sought to minimize confusion and uncertainty, and we are glad the court has provided additional guidance,” Bondi said. “My office will not stand in the way as clerks of court determine how to proceed.”
Equality Florida, a group that has helped lead the fight against the ban, and the National Center for Lesbian Rights said Hinkle’s order should lead to clerks throughout the state issuing marriage licenses to same-sex couples.
“Today’s ruling confirms that all Florida officials, including county clerks, must comply with the federal Constitution and must therefore treat same-sex couples equally under the law by issuing marriage licenses to qualified same-sex couples and by treating their marriages equally in all respects,” said Shannon Minter, legal director for the National Center for Lesbian Rights.
But John Stemberger, president of Florida Family Action, Inc., which spearheaded efforts to pass the gay-marriage ban, said on Twitter that Hinkle’s order is “being widely misinterpreted” and does not have such a broad effect.
“Judge Hinkle has no jurisdiction outside the Northern District of Florida to bind any clerk outside of North Florida,” Stemberger, who is an attorney, tweeted. “Clerks outside of North Florida are required to obey current law (banning same-sex marriage) & are still subject to all the penalties for violating it.”
The American Civil Liberties Union of Florida issued a statement saying, in part, it is prepared to go to court on behalf of any gay couples who do not receive marriage licenses.
“We expect all clerks to respect the ruling,” said Daniel Tilley, an attorney for the ACLU, which has played a key role in challenging the ban. “But if not, we are committed to ensuring marriage equality in all 67 counties in Florida and we would like to hear from any couples that are wrongfully denied a license after the stay expires.”
The legal debate about the scope of Hinkle’s August ruling came after the Florida Court Clerks & Comptrollers issued a memo in December that said the ruling only applied to issuing a marriage license to the Washington County men who are named plaintiffs in the case. The memo also warned clerks that they could face prosecution if they issued marriage licenses to other gay couples.
The ACLU and other supporters of same-sex marriage vehemently disputed the conclusions in the memo. Ultimately, an attorney for Lora Bell, the Washington County clerk, asked Hinkle for clarification — leading to Thursday’s order.
Comments
25 Responses to “Judge Clears Way For Same Sex Marriages”
@David for clarification
David, of course not. But i do believe we are here to procreate. Raise children and do the best you can for them. By the time you’ve raised a family you should have a wealth of knowledge to share with and help people with. Your wife is your friend- your teammate. People just dont have any sense of community, of neighborly compassion, nothing. They just wanna do what makes them happy now and wont sacrifice to get it and damn the cost. I firmly believe in the bible, revelations especially and have NO DOUBT those truths will come to pass in my lifetime.
JUST CURIOUS:
“Having children is why we’re here at all thick skull.”
Do you believe we should discard our wives when they’re no longer fertile?
Surely they’re still good for something.
David for clarification
@ molino (yankee) Jim
What i eat in the privacy of my home is my business, im not cooking catfish and advertising it on radio, tv, magazines, music, disney, or the courts asking other people who i know dont want it, to try it.
And yes, because they cant have children. Having children is why we’re here at all thick skull.
It is a good thing you mentioned “gay marriage” in your post 429SCJ.
I bet the same was said upon the abolishment by force of the Jim Crow laws 50 years ago.
And they were right, right?
429SCJ, Please enlighten us…you said “These marriages have little to do with love and much to do about entitlements, benefits and resources.”
I can see a large number of benefits gained and rightfully allowed by gay and lesbian couples that are already granted to opposite sex couples. What are these entitlements and resources you speak of?
These marriages have little to do with love and much to do about entitlements, benefits and resources.
Those of us who object have spoken our minds and the proponents have advanced their agenda. The scope of that agenda will reveal itself as this measure of gay marriage will not satisfy this group. They will be asking for more as a precedence has been set.
We can only state our objections and control our own actions. Let nature take it’s course as it always has and remember, God pounds his nails flush!
@ DAVID GREEN: I’m still thinking about the fence post and splinters. I guess you could be right. I recall a book years ago “Portnoy’s Complaint” that involved Portnoy and raw liver that was for the families dinner. To this day I can’t eat liver.
@ molino Chris: how about the other 76 things banned in Leviticus? Pick and choose–pick and choose. Hope you don’t have a tattoo, like shell fish or catfish and on and on. Someone posted “they” can’t have children—is this the only reason to marry? An easy answer—- just do your life as YOU see fit and leave these people alone.
You cant pick and choose which bible verses you wanna go by. So i’ll concede it states what you say regarding marriage. So thats what you wanna go by ? Then also go by Leviticus 20:13
( If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination: THEY SHALL SURELY BE PUT TO DEATH ; their blood shall be upon them. )
In current times, i know the first part is true and literal. Too bad the second part isn’t.
In the know, I feel legal recognition of marriage will help gay couples commit. Sure people have open relationships but that’s any gender and any sexual orientation. Just look at Craigslist. People who have lower self esteem will be the ones who use casual encounters as a way of finding fulfillment. There are other issues that make this happen. Also there are a lot of self loathing people out there…and in my view especially in the conservative southern states. Marriage equality will give some in the closet hope for better lives.
Re: proud you live in a fantasy world,, No where did I say it (Open relationship) was mentioned ,, I said If you look and listen Gays/Lesbians believe in it,, Go read dating ads ,, Go talk to the community and see,, or really pay attention to the people,, I dated women only half my life fought the knowing I was Gay,, I know it’s in both worlds but more so in Gays,, Glad your in love but I stand behind what I see and know
Re:Rtr a you have to do is pay attention,, You may be one that can not have a relationship with out being opened in it
not here to argue I am here to state If you love a person then that person should be all you ever need in your bed and arms,,,
1. This is not persecuting Christians to allow same sex marriage, just as we don’t have a war on Christmas every year. It is simply some standing up to those who try to force their Christianity on those who are not. Our government is secular to allow an ideal freedom of belief and therefore it is not majority rules. No one is making any church perform these marriages and no one is telling them how to worship.
2. The Bible can not be used to discuss characteristics of humanity, as it can’t be used to discuss the form of the cosmos. Biblical writers thought the egg for procreation was in the man’s sperm and the woman only a vessel and thought a woman’s monthly period was some sort of unclean event requiring quarantining therefore as we understand the diversity of humanity, including sex, sexuality and gender, we must eventually stop being prejudice against those traits as we are still trying to learn to do over the color of someone’s skin.
3. Finally, what does the Bible say about marriage; it is not a loving relationship equal for both partners. One read of Duet. 22: 28-29 for just one example where it is anything but.
Man i love that word SODOMITE!! Awesome. Thats the closest thing to the truth that they’ll post. Let’s forget about judges,laws, and constitution’s for a minute and get back to basics. Clear and irrefutable proof Butch and Queen shouldn’t marry. THEY CAN’T CREATE A CHILD, but only capitalize on someone else’s misfortune.
CONTEMPLATING:
” A man cannot “marry” a fence post or his own mother.”
Oedipus did.
It didn’t work out well but he was okay until he found out.
Regarding the fence post, the splinters are his problem, not ours.
David for better matches
Hmmm…no mention of God’s law in any of these comments…
Welcome to the 20th Century Florida and thank you Judge Hinkle!! Alabama is next hopefully but I’m sure they’ll be kicking and screaming!!
“Judge Clears Way For Persecution Of Christians”
That is what the article should have been titled, because that is what the sexual libertarians are really after. They have made that very clear. They want to do away with marriage and eventually Christianity. But they can’t do away with their Creator and His law.
For you heterosexuals that support same-sex “marriage”, it is not going to erase your guilt for your own sinful behavior (fornication, adultery, etc.). Only the Holy Spirit can take away that guilt you live with in your heart. Only the blood of Jesus Christ (your Creator) can wash you clean of sin.
God has ordained an order to things. He created sex and set boundaries for its use. Please people, sex isn’t everything. Don’t let your life be dominated by your lusts. Don’t let those lusts define who you are. Don’t let these lusts drive you to destroy others. There is so much more to life. Love your neighbor, do not lust after your neighbor. Fill your hearts with love, not lust!
Read what your Creator says love is:
“Love is patient and kind; love does not envy or boast; it is not arrogant or rude. It does not insist on its own way; it is not irritable or resentful; it does not rejoice at wrongdoing, but rejoices with the truth. Love bears all things, believes all things, hopes all things, endures all things. Love never ends.”
–1 Corinthians 13: 4-8
Unfettered sex is not what we need, we need love! God is love! Love God!
Meanwhile, five Florida counties have decided to not perform marriage ceremonies.
It is just a coincidence however.
If Judge Hinkle did indeed use the words “can” and “may” in his written ruling, it means the county clerks (other than Washington) are not required to issue marriage licenses.
“Hinkle made clear that other clerks can also issue marriage licenses to gay couples”
““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 use of words like “can, may, shall and must” are very important in writing laws and rulings.
This Judge said it is the Constitution????
That is the Problem, The State Constitution just got thrown out the window.
in the know….where are you gathering your information? and who really cares if you or anyone else agrees with someone else’s marriage. get over your self-righteous self.
Judges are not legislators and they do not have the authority to write law. Clerks should refuse to issue marriage licenses to sodomite couples based, at least in part, on the fact that they are fraudulent. That relationship is NOT marriage. A man cannot “marry” a fence post or his own mother.
In the know, I have been with my wife for 30 years without the legal protections some heteros that have been married 3 and 4 times. No where in the law or the case does it mention open relationships. I think you are probably not ” in the know” just in the wrong crowd or maybe using the same old sterotypes the bigots keep perpetuating.
Understand “in the know”s post but based on the statistical data on divorce and all the situations not resulting in divorce I would think the issue of fidelity is one that a lot of people need to work on. The fundamental issue is not how some citizens may use the ruling but that the ruling is right for several reasons, the biggest being the government is secular to allow the freedom of all beliefs and therefore no one religion is to establish policy that violates the freedoms and rights of others. Sexuality is varied among humans, just as other characteristics. Even our physical characteristics can be mixed around with a person having the physical attributes of one sex and the chromosomes of the other. So to deny same sex marriage is to deny citizens of their rights and due to the fact government allows certain benefits the issue is even more important to be ruled accordingly. If certain religions don’t like this then they should ask marriage be removed from government and only civil unions be recognized at the public level. As to the Bible and the notion it is one man/one woman in a loving partnership, it doesn’t hold up for there are too many instances where the situation is otherwise, besides the writers of the Bible did not understand basic human biology having the egg for procreation in man’s sperm and the woman only a vessel to carry it to term. And yes there is more than a little misogyny going on.
As a Gay man I see the pro and con,, I myself in the Gay comminuty see all these gays /lesbians wanting to marry and I can understand that,, BUTTTTT In the community they also think they can have (as they call it a ) open relationship,, I know the hetrosexual have a had time staying faithful too, but if your with someone why in the hell do you need a OPEN RELATIONSHIP,, Step up Gays an Lesbians and learn to be faithful, Till then as a Gay man i’ll never agree on your marriage,, prove you know what love is Prove the Hetro world wrong ,,,P>S I use the term Gay/ Lesbian ,, . but really hate the term ,, I prefer to being known as a good upstanding hard working tax paying AMERICAN,,