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04/29/2024 04:39:02 am

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Judge Affirms Same-Sex Marriage In Florida

Same-Sex Marriage

(Photo : REUTERS/RICK WILKING) Plaintiffs Derek Kitchen (L-R) and Moudi Sbeity and Kate Call and Karen Archer talk outside the courthouse after a federal appeals court heard oral arguments on a Utah state law forbidding same sex marriage in Denver in an April 10, 2014 file photo.

Beginning on Tuesday, January 6, 2015, same-sex couple could legally marry in Florida. This is the result of a decision by U.S. District Judge Robert Hinkle in Tallahassee on Thursday that county court clerks in the state are legally bound to issue marriage licenses to gays and lesbians.

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The ruling is in relation to his previous decision that the ban on same-sex marriage in Florida is unconstitutional. He had stayed the order but it is scheduled to lapse on Monday.

County clerks argued that the decision only applies to Washington where two men filed a lawsuit, which became the basis of Hinkle's stay order. Gay rights advocates insist it is state-wide, which the judge confirmed.

He warned county clerk who would not issue marriage licenses could face lawsuits in the future or legal consequences of their disobedience to what the constitution states, Hinkle said.


Hinkle said that while pro- and anti-gay marriage groups could debate on whether his decision is correct or not and who are covered by the landmark ruling, he stresses, quoted by CBS, "There should be no debate, however, on the question whether a clerk of court may follow the ruling, even for marriage-license applicants who are not parties to this case."

His ruling got the thumbs up from the American Civil Liberties Union (ACLU) and the National Center for Lesbian Rights in Florida. The ACLU went one step further and said it would back up gay and lesbian pairs not given marriage licenses after the stay expires.

Howard Forman, county clerk in Broward, said his office will meet on Friday morning to implement Hinkle's decision.

However, some county clerks would still want further legal clarification if the decision applies only to Washington County, so in the meantime, until Hinkle clarifies his order, some clerks outside Washington plan to not offer courthouse wedding ceremonies in the meantime.

Hinkle's decision makes Florida the 36th state where same-sex couples could legally marry.

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