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.”

Marriage News Watch – January 5, 2015

From the American Foundation for Equal Rights:

Marriage is starting this week in Florida. So why are our opponents saying it’s not? We’ll take a look at what’s really going on, and how they’re still trying to stop the weddings.

Also this week: oral argument in Louisiana could get pretty heated. Another Supreme Court conference. And some surprising polling.

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.

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

NOM’s Brian Brown Sends Greetings From Alternate Universe

Brian Brown, of the anti-gay hate group National Organization for Marriage, posts on his group’s NOM Blog today about the “Top Headlines of 2014” in which he seems to conclude that his anti-marriage equality movement is somehow thriving:

We live in a time when those who wish to redefine marriage and their sycophants in the media miss no opportunity to tell us that the battle is essentially over, that history is on their side and that the views of the citizens have changed. This is a future that these activists hope for, but it is decidedly not the future they will encounter. The reason we know this is because whenever they put their version of the future to the test, it is rejected by the American people.

I am encouraged by the victories and the bright moments of the past twelve months as we head into 2015, because they remind me that the cause of marriage is still very much alive, and we have good reason to hope for even more successes in the new year!

With that reminder then, please accept my wishes for a happy and blessed new year for you and your family, and my thanks for continuing to work with NOM to defend marriage and family in 2015!

I’ll remind readers that the pro-same-sex marriage folks won almost 50 legal battles in 2014 while Brian Brown and his ilk saw perhaps 2 wins in their column.

“Even more successes” indeed…

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.

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)

Same-Sex Marriage Begins In Scotland!

Check out Joe and Malx, who were the very first gay couple to marry in Scotland last night at the stroke of midnight. Congratulations Scotland!

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)