Tag: Florida

Posted on

Circuit Judge Lifts Stay On Same-Sex Marriage in Miami-Dade County 12 Hours Early

The Miami Herald reports:

In an 11 a.m. hearing, Circuit Judge Sarah Zabel lifted the legal stay she had placed on her sweeping July decision declaring the ban discriminatory.

Clerk of Courts Harvey Ruvin said same-sex marriages would begin at 2 p.m. Elsewhere in Florida, most court clerks will start marrying gay couples Tuesday — some of them at 12:01 a.m. — following a federal judge’s order.

Several counties in conservative North Florida and the Tampa Bay area have stopped marrying people altogether, in part to avoid marrying same-sex couples.

In addition, Judge Zabel has agreed to marry the plaintiff couples today.

Congrats Florida!

UPDATE: The plaintiffs in the Miami-Dade lawsuit have their marriage license!

Here’s the moment when Judge Zabel lifted the stay.

‎”Another day where the plaintiffs do not have equal rights is another day that shames our nation.”

“I’m lifting the stay.”

Posted on

Florida: Key West Marriage Equality Plaintiffs File For Marriage License

Court clerks around Florida began Friday to announce plans to issue marriage licenses to same-sex couples next week following a federal judge’s New Year’s Day ruling that they have a legal obligation to do so.

Aaron and Lee, plaintiffs in the Key West/Monroe County case, began the landslide of five consecutive wins for marriage equality in Florida.

Same-sex marriage will be legal at the stroke of midnight this coming Tuesday.

Posted on

Florida Asks For, And Receives, Clarification On Same-Sex Marriage Ruling

Much legal posturing and obfuscation has been directed to the expiration of a stay on the ruling by U.S. District Judge Hinkle which struck down Florida’s ban on same-sex marriage earlier this year.

Although the stay on the ruling ends on January 5th, a memo issued by the legal team for the state’s County Clerks threw those offices (which would be charged with issuing marriage licenses) into a state of confusion saying the ruling only affected one county, or perhaps even just the one couple who brought the lawsuit.

As such, the state’s Attorney General – Pam Bondi – asked Judge Hinkle to clarify his ruling. And he has now done so.

From the Miami Herald:

U.S. District Judge Robert L. Hinkle ruled New Years Day that all Florida clerks are bound by the U.S. Constitution not to enforce Florida’s gay marriage ban and that any couple seeking a license on Tuesday should receive one. “The preliminary injunction now in effect thus does not require the Clerk to issue licenses to other applicants,” Hinkle wrote in an order released Thursday afternoon. “But as set out in the order that announced issuance of the preliminary injunction, the Constitution requires the Clerk to issue such licenses.”

Said Howard Simon, executive director of the ACLU of Florida: “He agreed with us that the constitution requires every clerk in the state issue a license. His injunction has statewide impact because he found the law unconstitutional and therefore as we have been saying, no public official should be acting in accordance with an unconstitutional provision,” Simon said. “In non-legalese: Come Tuesday, Jan. 6, every clerk has an obligation under the U.S. Constitution to issue marriage license to all couples requesting one.”

Said Howard Simon, executive director of the ACLU of Florida: “This is a New Years Day present from federal Judge Robert Hinkle — he has given Florida the roadmap to an orderly transition to being a state that treats all its people equally.”

“We are thankful that Judge Hinkle agreed with us that the Constitution does not tolerate discrimination and that, beginning Tuesday Jan. 6, all clerks in Florida have an obligation to issue marriage licenses to couples requesting them.”

You can read Judge Hinkle’s full order here.

That seems pretty, darn clear to me.

Florida will be celebrating marriage equality state-wide come Tuesday!

https://twitter.com/ACLUFL/status/550761972053323776
Posted on

Florida: Three County Clerks End All Courthouse Weddings To Avoid Marrying Same-Sex Couples

With the arrival of same-sex marriage to Florida on the very near horizon,  at least three County Clerks have decided to stop performing marriages in their county courthouses completely in order to avoid marrying same-sex couples.

Duval Clerk of Courts Ronnie Fussell, Clay Clerk Tara Green and Baker Clerk Stacie Harvey have all made the decision to end ALL courthouse weddings.

Fussell says the decision came after a series of discussion with members of his staff who currently officiate wedding ceremonies. None of them, including Fussell, felt comfortable doing gay weddings so they decided to end the practice all together, he said.

There were 1,911 wedding ceremonies performed at the Duval County Courthouse in 2013, compared to 6,342 marriage licenses issued. About 330 Clay County couples are married at its courthouse each year, and Baker averages about 30.

Fussell, a former Jacksonville City Council president, attends a Southern Baptist church and said he has considered how to handle the conflict between his personal views and professional duties that gay marriage created. He said he believes lesbians and gays should be defended and protected, but not allowed to marry.

“I believe marriage is between a man and a woman,” he said. “Personally it would go against my beliefs to perform a ceremony that is other than that.”

Residents of Baker, Clay and Duval counties who want to avoid usual wedding expenses will now have to find a minister or notary to perform the ceremony after they pick up their marriage license, but a place other than the courthouse.

Baker Clerk Harvey said the decision is as much about logistics as it is personal conviction. The room where weddings are performed each year will now be used as space for people filling out paperwork related to domestic violence injunctions.

“I needed the space and our county we’re in the Bible Belt,” she said. “… If we’re made by the law to issue a gay marriage license (we will) do that, but we are not mandated to marry couples in our courthouse.”

As the article above references, 1,911 couples were married in Duval County alone. No more.

Because of bigotry.

Sad that folks are so anti-gay that they would rather punish everyone in their county rather than marry a same-sex couple.

Posted on

Florida State Judge To County Clerk: Issuing Marriage Licenses To Same-Sex Couple Will Not Break The Law

With all the hand-wringing over whether marriage licenses can or will be issued statewide in Florida come January 6th, Orange County Clerk Tiffany Moore Russell did the logical thing – she asked a judge in the courthouse where she works to tell her what to do.

Moore Russell had filed suit yesterday in the courthouse where she works, asking a judge to give her instructions on what to do.

A Tallahassee federal judge has declared the state’s ban on same-sex marriage unconstitutional and ordered his ruling implemented Jan. 6.

But the Florida Association of Court Clerks and Comptrollers two weeks ago told its members statewide not to issue the licenses, and Moore Russell said at the time that she would follow that advice.

Behind the scenes, though, she was working on the problem. Yesterday she filed a petition, asking Shea to clarify what she should do.

Today he issued an order, telling her that if she issues marriage licenses to same-sex couples, she would not be breaking the law or violating her oath of office.

Russell has issued this statement upon receiving guidance from Judge Shea:

“I thank the Court for providing clarity on this issue. I specifically want to thank Judge Shea for his guidance in this matter. Since the question of issuing same-sex marriage licenses was first directed at Clerks, my office has consistently stated that we would continue to seek judicial clarification. That is why we filed this emergency petition and we are grateful for the clear direction it provides as we move closer to January 6.”

More at the Orlando Sentinel.

(h/t JMG)

Posted on

Fort Lauderdale Plans 100 Couple Oceanside Same-Sex Wedding

Fort Lauderdale is already ramping up Florida same-sex marriage celebrations by inviting 100 couples to come get married at the beach this winter:

The Greater Fort Lauderdale Convention and Visitors Bureau plans to invite at least 100 couples from around the country and around the world to marry oceanside in a common ceremony sometime this winter, said Nicki Grossman, president of the Broward County tourism group in an interview.

The 100 number also will honor Broward’s 100th birthday celebration now underway.

“We’re going to pull out all the stops, just like a proud father does when their child marries,” said Grossman, calling gay travelers “a very loyal and important part of our destination.”

The wedding extravaganza is just the first of many gay-marriage activities planned in Broward, a pioneer in promoting gay tourism.

In 2013, more than 1.3 million LGBT travelers visited Broward and spent about $1.5 billion, accounting for about 10 percent of tourism in the county, Grossman said.

And that counts only those who came on LGBT tours, attended gay events, responded to gay ads or in some way, self-identified as LGBT. “We believe that there are considerably more LGBT travelers than that” in Broward, Grossman said.

(h/t JoeMyGod)

Posted on

Tampa Bay Times Names Florida Attorney General Pam Bondi “Political Loser Of 2014”

Adam C. Smith, political editor for the Tampa Bay Times has named Florida Attorney General Pam Bondi the Political Loser of 2014:

Loser of 2014: Pam Bondi. It’s hard to imagine how someone who won re-election so handily (rival George Sheldon could not afford a single TV ad) could emerge from 2014 more wounded and diminished as our Republican attorney general. Put aside the unseemly junkets funded by groups seeking to influence her. Bondi’s clumsy communication skills and relentless defense of Florida’s gay marriage ban have made her a modern-day Anita Bryant. Antagonizing Florida’s gay voters over same-sex marriage and Hispanic voters over immigration reform ensures Bondi has a bright political future ahead of her — if she moves to Mississippi.

Well deserved honor, I’d say.

Posted on

Majority Of Florida County Clerks Will Not Issue Same-Sex Marriage Licenses Come Jan. 6

Florida’s same-sex marriage situation is still in flux as January 5th quickly approaches – the date when the stay on a federal judge’s ruling which struck down the marriage equality ban expires.

After a law firm representing the state’s county clerks sent out a memo erroneously informing clerks they would be open to arrest and fines should they issue marriage licenses to same-sex couples, a majority of the state’s 67 clerks say they will not be issuing gay couples marriage licenses come January 6th.

Of the 53 clerks who responded to the AP survey, 46 said they wouldn’t grant marriage licenses to same-sex couples because they lack legal authority. Six clerks said they hadn’t made up their minds; Only one clerk outside Washington County, Osceola County’s Armando Ramirez, said he would issue the licenses.

Ramirez said his office would begin issuing marriage permits for same-sex couples a minute after midnight on Jan. 6. He said it’s a matter of not discriminating against a minority group.

“We won’t waste any time,” he said.

Gay rights groups are disputing the clerk association’s interpretation of Hinkle’s ruling, and they’re threatening legal action if licenses for same-sex couples aren’t issued across the state. On Wednesday, they sent out a memo to Florida’s 67 clerks of courts stating the clerks are required to stop enforcing Florida’s ban on same-sex marriage in two weeks.

“We are prepared to fight,” said Sharon Kersten, a public relations consultant for Equality Florida, the gay rights group.

Some clerks said they’re hoping for clarification from a court. Dwight Brock, clerk of Collier County in southwest Florida, said it would be “disastrous” if counties didn’t act in a uniform manner. He hasn’t decided what to do given the conflicting opinions.

Posted on

Equality Florida & NCLR To FL County Clerks: Follow The Law And Issue Marriage Licenses

Equality Florida and the National Center for Lesbian Rights today issued a joint memo to all 67 Florida county clerks regarding the expiration of Judge Hinkle’s ruling on marriage equality which is set to expire January 5th.

This is the memo’s Conclusion:

Florida county court clerks should follow Judge Hinkle’s ruling and issue marriage licenses to same-sex couples beginning January 6, 2015. The advice provided to the Clerks Association in legal memoranda from a private law firm is incorrect in key respects, including in failing to acknowledge that:

(1) a federal court order is binding not only on the parties to the case, but also on all “persons who are in active concert or participation with” any of the parties;

(2) non-party government officials may choose to comply with a federal district court ruling that a law is unconstitutional, even when they are not technically bound by the ruling;

(3) an unconstitutional law is void and unenforceable; and

(4) county clerks who follow Judge Hinkle’s ruling could not be held criminally liable for doing so because they would not have the required specific criminal intent.

I smile as I had just hit “Post” on what is point number one here 🙂

The memo includes the fact that even IF Judge Hinkle’s order was binding only to Washington County (which it’s not), other clerks would still be free to follow his order because ruling the law unconstitutional provides “controlling precedent” that they are permitted to do so.

Full memo here.

(via press release from Equality Florida)

Posted on

Florida: State Prosecutor Won’t Charge County Clerks For Issuing Same-Sex Marriage Licenses on January 6

So the short version:

Federal judge strikes down Florida’s ban on same-sex marriage.

Governor and Attorney General fight it tooth and nail.

Appeal to extend the stay on ruling (which expires January 5th) gets a flat “No” from 11th Circuit Court of Appeals AND SCOTUS.

Law firm repping the state county clerks warns in erroneous memo that clerks could get arrested and fined for issuing marriage licenses come January 6th if outside Washington county (the one county named in original lawsuit).

Meanwhile, Orlando Mayor Buddy Dyer says he will officiate huge same-sex wedding ceremony at 9AM on January 6th IF the county clerk issues marriage licenses. The county clerk, however, was unsure if charges would be brought.

Well, now it looks like the state prosecutor who would be responsible for bringing those charges has cleared the way for some couples in the area:

In a move that could clear the way for same-sex couples to get married in Orange and Osceola counties in two weeks, State Attorney Jeff Ashton on Tuesday announced that he will not prosecute court clerks if they issue marriage licenses to gay and lesbian couples on Jan. 6 or after.

The threat of prosecution had appeared to be the last major obstacle to same-sex couples getting married here.

But a spokesman for Orange County Clerk Tiffany Moore Russell said that Ashton’s decision has not changed her position. She still has no plans to issue marriage licenses to same-sex couples.

Over the past two weeks, Osceola County Clerk Armando Ramirez has equivocated, at times saying that, yes, he would issue marriage licenses to same-sex couples on Jan. 6 and at others that he would not. On Tuesday afternoon he said Ashton’s decision took the pressure off him. “Then I think because of that, there is no reason not to proceed issuing marriage licenses one minute after midnight Jan. 6,” Ramirez said.

Jeff Ashton is the prosecutor for the Ninth Judicial Circuit District (which includes Orange and Osceola counties) out of a total of 20 in the state.

Seminole-Brevard State Attorney Phil Archer has also indicated that he would not prosecute clerks in his two counties.

Equality Florida, a marriage equality advocacy group, has told clerks that they could be sued and rack up needless legal bills if they do not issue marriage licenses to same-sex couples on Jan. 6.

By the way, here is Judge Hinkle’s ruling. It seems to be clear that by including the phrase “and others in active concert or participation with ANY of them,” Hinkle meant his order to include ALL state officials involved in issuing marriage licenses, not just those in Washington County.

“The defendant Secretary of the Florida Department of Management Services and the defendant Florida Surgeon General must take no steps to enforce or apply these provisions on same-sex marriage: Florida Constitution, Article I/27; Florida Statutes 741.212; and Florida Statutes 741.04(1)…

The preliminary injunction binds the Secretary, the Surgeon General, and their officers, agents, servants, employees and attorneys – and others in active concert or participation with any of them – who receive actual notice of this injunction by personal service or otherwise.”