U.S. Supreme Court won't block gay marriage in Florida
Florida counties will be allowed to issue marriage licenses starting Jan. 6
The U.S. Supreme Court on Friday night refused to block gay marriages in Florida, the latest of about three dozen states allowing same-sex weddings.
In a one-paragraph order, the court decided not to step into the Florida case. A federal judge previously declared Florida's ban on gay marriage unconstitutional and said same-sex marriage licenses could start being issued in the state after Jan. 5, unless the Supreme Court intervened.
Most federal judges and appeals courts have ruled against state bans, but the 6th U.S. Circuit Court of Appeals in Cincinnati has upheld the right of four states to decide whether to allow gay marriage.
Florida Attorney General Pam Bondi had fought to uphold Florida's constitutional ban, which voters approved in 2008.
"Tonight, the United States Supreme Court denied the state's request for a stay in the case before the 11th Circuit Court of Appeals," Bondi said in a statement. "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 January 5."
Bondi had tried to persuade a federal appeals court in Atlanta to keep U.S. District Judge Robert Hinkle's ruling on hold. The appeals court rejected the request so Bondi went to U.S. Supreme Court Justice Clarence Thomas, who oversees emergency appeals from Florida,
The entire court wound up considering the petition. The order said only Thomas and Justice Antonin Scalia would have kept the stay in place.
Bondi said if the ban was struck down, some, but not all, county clerks in Florida would begin issuing marriage licenses, causing confusion throughout the state. She said that would happen because the lawsuit against Florida's ban only named the clerk in tiny Washington County in the Panhandle.
The state clerks association has warned its members that they could be risking misdemeanor prosecution under state law if they issue licenses before the question is fully settled. It is unclear how many
Daniel Tilley, an attorney for the American Civil Liberties of Florida, said his group expects "public officials in all of Florida's 67 counties to understand the significance of this development and look forward to full implementation of Judge Hinkle's decision across our state."
Lee and Collier clerk of court officials couldn't be reached for comment Friday night.
State judges in four South Florida counties have declared the same-sex marriage ban unconstitutional, but those decisions are also being appealed by Bondi and no marriage licenses have been issued.
The news spread quickly through social media, said Fort Myers resident Arlene Goldberg, one of the original plaintiffs in the case that Hinkle ruled on in August. Goldberg, eight
Goldberg's marriage to longtime partner, Carol Goldwasser, was recognized when Hinkle ordered that her name be placed on Goldwasser's death certificate.
"I'm thrilled. All that work. We are so excited," Goldberg said. "I was just talking to my attorney and he was thrilled. He thought it might happen today."
She said she was watching the news pass quickly on Facebook and other social media sites.
"It's just fabulous," she said. "It's unreal. How long everyone has been waiting, we thought Florida would be the last state."
She said weddings already have been planned.
"We are thrilled the U.S. Supreme Court has denied the state's request to delay marriages in Florida," said Nadine Smith, CEO of Equality Florida, the state's largest advocacy organization for gay, lesbian, bisexual and transgender Floridians.
"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 Jan. 6th being a special day — Florida is ready for the freedom to marry."