Tag: same-sex marriage

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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.

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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.

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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)

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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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Idaho Ordered To Pay Pro-Same-Sex Marriage Legal Team Over $400K

A federal judge in Idaho has ruled that the state must pay the lawyers that successfully fought to overturn the ban on same-sex marriage over $400,000 in legal fees.

From the Idaho Statesman:

“Simply put, the case was neither easy nor ordinary,” Dale wrote. “It is therefore not surprising that plaintiffs employed a team of experienced attorneys to divvy up the many legal tasks.”

While Gov. Butch Otter and his legal team didn’t dispute that the state should pay the lawyers’ fees, they did argue that the lawyers took too much time communicating with one another and charged too much in hourly fees. State lawyers argued the amount, therefore, should be cut in half to $204,049.

Dale disagreed, saying that the complexity of the case warranted frequent communication and extra time to prepare for court appearances.

“Whatever this case lacked in procedural complications or disputed issues of material fact, it surely made up in legal complexity,” Dale wrote. “After all, the case involved constitutional issues of first impression not only in Idaho, but in all district courts in the Ninth Circuit.”

Same-sex marriage has been legal in Idaho since October 15th of this year when the 9th Circuit Court of Appeals upheld Judge Dale’s ruling striking down the marriage ban.

Since late October, Governor Otter has spent over $80,000 in legal fees preparing for further appeals.

In that marriage equality is here to stay, if I were a citizen of Idaho I’d be mad at the Gov for wasting tax payer money on an issue that’s settled law.

But hey, maybe that’s just me…

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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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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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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.”