Tag: marriage equality

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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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Five Marriage Equality Cases Filed With SCOTUS

On January 9, the United States Supreme Court will consider petitions on the freedom to marry from 5 marriage states – Tennessee, Louisiana, Ohio, Michigan, and Kentucky – who are seeking certiorari this term.

The January 9 conference is the Supreme Court’s first chance to consider these five petitions seeking certiorari.

After the January 9 conference, the Court will announce if it will grant certiorari in the case, meaning it has agreed to hear oral arguments and likely offer judgment.

If the Court makes no mention of the marriage cases after the conference, the cases will likely be relisted for consideration at a future conference.

The subsequent conferences this winter will be held on January 16 and January 23.

(from Freedom To Marry)

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Marriage News Watch – December 22, 2014

From the American Foundation for Equal Rights:

• Florida clerks can start issuing marriage licenses to gay couples in January — but if they do, they could risk arrest and jail time.

• An anti-gay group in Hawaii is still trying — and failing — to stop marriages.

• Things are still looking bad for the National Organization for Marriage.

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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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Hawaii Supreme Court To Hear Marriage Equality Challenge – AGAIN

With over 3,000 same-sex couples married in Hawaii, GOP state Rep. Bob McDermott is like a dog with a bone as he takes the issue back to the state’s Supreme Court saying the Legislature did not have the authority to pass marriage equality into law last year.

From the court’s docket notice:

On appeal to this court, Respondents contend that the trial court erred in denying their motion for temporary restraining order and preliminary injunction, and in granting the Petitioners’ motion for summary judgment.

Respondents argue, inter alia, that the Hawai`i Marriage Equality Act is unconstitutional because in 1998, the people of Hawai`i voted to amend article 1, section 23 of the Hawai`i Constitution to state that “the legislature shall have the power to reserve marriage to opposite-sex couples.”

Respondents argue that the intent of this amendment was to constitutionally reserve marriage to opposite-sex couples, so the legislature was not authorized to pass the Hawai`i Marriage Equality Act.

In response, Petitioners argue that article 1, section 23 allows the legislature to reserve marriage to opposite-sex couples, but does not require it to do so. Petitioners also argue that Respondents lacked standing to bring this lawsuit.

The hearing is scheduled for 11AM Hawaii time.

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Marriage News Watch – December 15, 2014

From the American Foundation for Equal Rights:

• South Carolina’s anti-gay Attorney General may have to pay tens of thousands of dollars to gay rights groups
• New research shows why marriage equality has been so successful so fast
• Hillary Clinton gets thanks for supporting the freedom to marry from an unlikely source

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Finland’s Lawmakers Approve Same-Sex Marriage

By a vote of 105-93, Finland’s Parliament approved same-sex marriage – the last country in the Nordic region to do so.

Since 2002 gay and lesbian couples have been able to enter into civil partnerships,  but those legal unions had limits.  With marriage, same-sex couples will also be able to adopt children and share the same surname.

Finland becomes the 12th European country to adopt marriage equality.

Due to changes in other legislation, the new law will not take effect until 2016.

Congratulations Finland!

(source)