Florida may still arrest clerks who issue gay marriage licenses despite the court orders

[davidn3600]

The U.S. Supreme Court cleared the way late last week for marriages to begin in Florida, starting January 6. But it may not be clear sailing for same-sex couples who want a marriage license. The state's association of clerks and comptrollers has warned its members that they risk a fine and imprisonment for letting gay and lesbian couples wed.

That's because Florida's marriage ban was written to include particularly punitive measures for officials who allow same-sex couples to marry. Even though a federal judge has overturned the marriage ban, an appeal is still underway, which means that a prosecutor might try to make the case that the criminal sanctions remain in place.

Although it's hard to imagine law enforcement officials would arrest clerks who issue licenses, it's not out of the question. As recently as 2011, the state was still prosecuting heterosexuals who lived together without marrying, thanks to a 19th-century law against cohabitation.

According to lawyers for the Florida Association of Court Clerks and Comptrollers, only clerks in North Florida’s Washington County are allowed to issue licenses. That county is named specifically in the lawsuit, the attorneys say, and the ruling does not apply to any of the state's other counties.

http://www.advocate.com/politics/marriage-equality/2014/12/22/will-florida-arrest-clerks-marrying-gay-couples

Any clerk who does issue licenses and ends up arrested is likely on good legal ground to have the case tossed out. But they would have to mount a defense that could become costly.

So essentially Florida will be enforcing an unconstitutional ban through fear. Which considering the attitudes of Rick Scott and Pam Bondi....it doesn't surprise me at all. Those two have proven in the past they don't care what courts say.

[William769]

1. I firmly believe that most's Clerk will issue marriage licenses.

And I double dog dare the first prosecutor to prosecute. Talk about a shit storm that will happen.

[el_bryanto]

2. I think it'll be closer to half and half

Southern Florida and big counties (with attorneys on the payroll) probably will; northern Florida clerks on the other hand probably want to uphold the ban and will take the coverage provided by the Association. Smaller Counties will also not want to fight it out in court (but if they have a good relationship with the local attorney may know that they don't have to).

We'll see.

Bryant

[Mika]

3. They'll have to pay for their own defense if arrested.

Maybe there will be an arrest or two, and then the courts can wade thru that issue.
Pam Bondi should take a long walk on a short pier.

[William769]

4. I am positive if they are fined for issuing Gay marriage licenses

Many people will be more than happy to help them out.

I am waiting for a call from our County clerk (Lee), to see what she plans on doing.

[William769]

5. Follow up.

I just received a call from our County clerk and Lee County will not be issuing Gay Marriage licenses.

The fight is on.

[Mika]

7. Jeezuz. How utterly fugged up.

Hard to believe, except ... its Floriduh.

[MineralMan]

9. A suit in Federal Court should end that quickly.

In fact, it is the clerks who refuse to issue licenses who are more likely to be in trouble than the ones who do. Civil rights prosecutions in Federal Court will soon demonstrate that. If Florida's law was ruled unconstitutional in Federal Court and the SCOTUS refused to hear an appeal, the law is unconstitutional throughout the state.

There's no leg to stand on here for those who wan't to keep enforcing an unconstitutional law.

[DirkGently]

6. Bondi is seriously deranged.

In the one televised "debate" with the other state AG candidates, she screamed the entire time, and howled about having "pictures of dead children on her wallllllsssssss!"

This was in response to a suggestion by her opponent that non-violent (NON. VIOLENT.) felons might have their voting rights restored after serving their time.

[Ykcutnek]

8. Presidential pardon. nt

[closeupready]

10. They could then sue for false arrest, and win punitive awards, right?

Win-win.