Tag: Florida

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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.”

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Florida: Orlando Mayor Offers To Marry Same-Sex Couples On January 6th

Orlando Mayor Buddy Dyer has announced he will officiate a huge same-sex wedding ceremony on January 6th – the first day gays and lesbians can wed in the state.

BUT – will the County Clerk issue the licenses?

From the Orlando Sentinel:

According to the association, the City Hall event is scheduled for 9 a.m., but Dyer’s office said the timing would depend on if and when the Orange County Clerk’s office grants the marriage licenses.

Couples in Florida must find a Florida clerk to grant them the licenses. Orange County Clerk Tiffany Moore Russell and others have said they won’t, following the advice of a Tallahassee law firm that warned last week that they could be arrested and charged with a misdemeanor if they do.

A spokesman for Moore Russell on Monday said she was still studying the issue.

Other groups have also planned mass wedding events in the Orlando area:

• The GLBT Community Center of Central Florida will also host a same-sex wedding bash at 6 p.m. on January 6.

• Ministers from the First Unitarian Church of Orlando have offered to marry any same-sex couple for free in back-to-back ceremonies Jan. 10, starting at 1 p.m.

Meanwhile, several county clerks from across the state say they will not be issuing marriage licenses to same-sex couples on the 6th. Representatives from Pinellas, Hillsborough, Pasco and Hernando counties all say they are “uncomfortable” on the issue without further guidance due to a memo from Greenberg Traurig, the law firm that represents state county clerks.

This one is going to get very sticky before we get to January 6th, kids, just watch.

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Equality Florida: County Clerks Can Marry Same-Sex Couples As Of January 6th

Last week, a memo by a Greenberg Traurig attorney “warned” County Clerks that they could be fined or prosecuted if they issue marriage licenses to same-sex couples.

According to several sources, this is not accurate.

From Equality Florida:

“Any Florida clerk who refuses to follow the Constitution’s command and who withholds marriage licenses from couples once the stay expires is on the wrong side of history and the wrong side of the law,” said Shannon Minter, Legal Director for the National Center for Lesbian Rights. “A discredited memo from a law firm won’t provide much protection against the risk of being sued for unconstitutional actions and being held liable for any damages — and attorney fees — incurred by couples as a result of withholding the freedom to marry. There is one Constitution, Florida is one state, and all Floridians are entitled to equal treatment throughout the state.”

If you read Judge Hinkle’s ruling, he is crystal clear in addressing the defendants in the case AND “other in active concert or participation with any of them”:

“ 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.”

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Florida Attorney General Pam Bondi Admits Defeat On Same-Sex Marriage

Via press release, virulently anti-gay Florida Attorney General Pam Bondi issued this statement on the US Supreme Court’s denial of request to keep same-sex marriage from beginning in Florida January 6th:

“Tonight, the United States Supreme Court denied the State’s request for a stay in the case before the 11th Circuit Court of Appeals. Regardless of the ruling it has always been our goal to have uniformity throughout Florida until the final resolution of the numerous challenges to the voter-approved constitutional amendment on marriage. Nonetheless, the Supreme Court has now spoken, and the stay will end on Jan. 5.”

Bite me, Pam Bondi. You lost.

You stood against equal rights for all, and you lost.

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SCOTUS Denies Florida Request For Extension Of Same-Sex Marriage Ruling Stay

Florida’s Republican Attorney General Pam Bondi has spent months fighting rulings in favor of overturning her state’s ban on same-sex marriage.

In fact, she recently asked the US Supreme Court to extend the current stay on one of those rulings as the case awaits it’s turn at the 11th Circuit Court.

Color me shocked, but that request was just denied.

Although Justice Clarence Thomas (who oversees such requests for the 11th Circuit) referred the matter to the full court – which decided against extending the stay – both he and Justice Scalia noted that they would have granted the extension.

Here’s the background on the case via Chris Johnson at the Washington Blade:

In August, U.S. District Court Judge Robert Hinkle ruled against the state’s ban on same-sex marriage, known as Amendment 2, but placed a stay on his order until 91 days passed after the appeals process was completed in the Utah, Oklahoma and Virginia marriage cases. When the U.S. Supreme Court refused to review these cases, it set for date for same-sex couples to be able to marry in Florida starting Jan. 5.

Bondi tried to extend the stay on the same-sex marriages as she continued to defend the law in court, but her requests were by denied by the district court as well as the U.S. Eleventh Circuit Court of Appeals, which ordered the stay to be lifted “at the end of the day” on Jan. 5.

Nadine Smith, CEO of Equality Florida, issued this statement: “We are thrilled the U.S. Supreme Court has denied the State’s request to delay marriages in Florida. Every day of delay is another day of harm experienced by thousands of loving and committed same-sex couples in Florida. It’s time to break out the wedding bells! We look forward to January 6th being a special day — Florida is ready for the freedom to marry.”

I reported yesterday that Osceola County Clerk of the Courts Armando Ramirez has stated that if the stay was lifted, his courthouse would open at 12:01 a.m. on Jan. 6 to issue marriage licenses and possibly perform services.

I mentioned I’m shocked as this is the first time that SCOTUS has denied such a request before a federal appeals court had ruled on the issue. That said, I think it’s a clear indication of the thinking of the high court in terms of marriage equality 🙂

Happy Dance Time!

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News Round-Up: December 18, 2014

• Channing Tatum covers Esquire Magazine

• Seth Rogen really doesn’t have ANYTHING to say about Sony Pictures cancelling release of his film “The Interview” due to terrorist threat

• GOP lawmaker introduces bill requiring women to get permission from male partner for abortion unless “legitimate rape”

• Denmark says it owns the North Pole

• The ACLU of Florida to SCOTUS: “Every day that the couples we represent and the thousands of families across Florida who are also denied the protections of marriage go without those protections, they are suffering real harm.”

• Sweet coming out story – High school soccer player comes out by dancing with Homecoming King boyfriend

Michael Martin (L) with his Homecoming King boyfriend, Jem

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Florida County Clerk To Issue Marriage Licenses To Same-Sex Couples At Midnight If Stay Expires

Depending on whether or not SCOTUS does or does not extend the current stay on a ruling which overturned Florida’s ban on same-sex marriage, the county clerk in Osceloa County plans to be open for business at the stroke of midnight January 6th to issue marriage licenses to couples wishing to marry.

From Osceloa-News-Gazette:

Osceola County Clerk of the Courts Armando Ramirez said he expected to process up to 30 licenses that night for gay couples who have long-waited for the right to marry.

“My wife and I will also be there personally to witness the historic moment,” Ramirez said. “I believe marriage is just a legal pact between two adults, and there needs to be a separation of church and state.”

Ramirez got approval to open the second-floor courthouse office where passports and marriage licenses are issued and $725 for a seven-person security detail from the Osceola County Commission this week.

I’m would wager that Supreme Court Justice Clarence Thomas will extend the stay on the ruling.

But it’s very kind of Ramirez to prepare just in case.

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Supreme Court Justice Thomas To Consider Extending Stay On Florida Same-Sex Marriage Ruling

On Monday, Florida Attorney General Pam Bondi requested the US Supreme Court consider an extension to the current stay on a federal district court’s ruling which struck down the state’s same-sex marriage ban.

Supreme Court Justice Clarence Thomas oversees requests from the 11th Circuit (which includes the state of Florida). Thomas could decide for himself whether or not to extend the stay or submit it for review by the entire Supreme Court.

Now, it looks like he’ll probably rule on his own, and most probably in favor of the extension.

From The Advocate:

Supreme Court Justice Clarence Thomas said late Tuesday that he will consider Florida attorney general Pam Bondi’s petition to extend a hold on marriage equality in the state, and he has asked plaintiffs’ attorneys to present their arguments for lifting the stay by Thursday.

[snip]

The stay was set to expire at the end of the day January 5, allowing same-sex couples to being marrying in Florida January 6, and the 11th Circuit Court of Appeals this month denied Bondi’s request for an extension. Bondi wants the stay to continue during the state’s appeal of Judge Robert Hinkle’s August ruling or, alternatively, until the Supreme Court decides whether to take up one of the four cases stemming from the Sixth Circuit Court of Appeals decision to uphold marriage bans in four states.”

Thomas has indicated in earlier cases that he leans toward granting such requests while rulings are still being reviewed.

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Focus On The Family – Florida Votes Against Same-Sex Marriage Being “Trampled On”

This is how the anti-gay Focus On The Family “frames” the same-sex marriage issue in Florida.

Yesterday the 11th Circuit Court of Appeals denied a request from the state to extend the current stay on the ruling which overturned the state’s marriage equality ban past January 5th.

However, the state probably will head to SCOTUS where the request would land on the desk of Justice Clarence Thomas, who I imagine will be inclined to grant further stay on the ruling.

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Marriage Equality To Come To Florida In January 2015

Today the 11th Circuit Court of Appeals has denied the state’s motion for stay of a District Court ruling that overturned the state’s ban on marriage for same-sex couples. The stay is scheduled to expire at the end of the day on January 5th, enabling same-sex couples to apply for marriage licenses at that time, unless the US Supreme Court intervenes.

“We are thrilled that the 11th Circuit has denied the state’s request to delay marriages in Florida. Every day of delay is another day of harm experienced by thousands of loving and committed same-sex couples in Florida. Now it’s time to break out the wedding bells,” said Nadine Smith, CEO of Equality Florida. “Florida is ready for the freedom to marry!”

On August 21, US District Court Judge Robert Hinkle ruled in favor of the freedom to marry and respect for marriage legally performed between same-sex couples in other states in these two consolidated federal marriage cases, Brenner v. Scott and Grimsley and Albu v. Scott.

The District Court placed a stay of their decision to allow time for appeals. The stay is scheduled to expire on January 5th. The state of Florida had requested an extension of the stay from the 11th Circuit Court until the appeals process if fully finished, while lawyers for the plaintiff couples had opposed any extension pointing to federal court ruling that struck down similar gay-marriage bans in other states.

The state of Florida can request that the US Supreme Court issue a stay. Stay tuned for that.

You can read the ruling here.

(via press release)