UPDATED Judge: Clerks have duty to issue same-sex marriage licenses

[DonViejo]

Last edited Thu Jan 1, 2015, 08:45 PM - Edit history (1)

Source: ASSOCIATED PRESS

MIAMI (AP) — A federal judge says that Florida’s county court clerks have a legal duty to issue marriage licenses to same-sex couples, but he has stopped short of ordering them to do so.

U.S. District Judge Robert Hinkle issued a ruling Thursday in Tallahassee federal court responding to requests to clarify his previous order that Florida’s same-sex marriage ban was unconstitutional. He stayed that order, but the stay is scheduled to expire at the end of the day Monday.

The association representing county clerks said the ruling applies only to Washington County, where a lawsuit filed by two men became a key basis for Hinkle’s order. Gay rights groups said Hinkle’s order applies statewide. Hinkle warned Thursday that clerks who don’t start issuing the licenses when the stay expires could face future lawsuits or other legal consequences.

“History records no shortage of instances when state officials defied federal court orders on issues of federal constitutional law. Happily, there are many more instances when responsible officials followed the law, like it or not. Reasonable people can debate whether the ruling in this case was correct and who it binds. 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,” Hinkle wrote. Hinkle said while his order doesn’t require a clerk to issue marriage licenses to same-sex couples, “the Constitution requires the clerk to issue such licenses.”

-snip-

Read more: http://www.salon.com/2015/01/01/judge_clerks_have_duty_to_issue_same_sex_marriage_licenses/

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UPDATE:

Read the full decision, here: http://www.scribd.com/doc/251461351/4-14-cv-00107-109-Florida-Federal-Order

[RKP5637]

1. K&R !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! n/t

[uppityperson]

2. If you can't do your job, expect repercussions.

[RKP5637]

10. Exactly! Reuters had an even more precise explanation, but it's pretty clear IMO the clerks not

giving out the license will be in violation of the US constitution. To me, the US Supreme Court, the US Constitution and Federal Judges trump over some overzealous DA that decides to go after a clerk. The clerks not issuing licenses are also, as I've heard, probably facing lawsuits by the ACLU and other groups. I'm not an attorney, but as I've heard this statement by the law firm for the clerks was ridiculous. Moreover, why can't these damn fools and haters get the F out of other peoples lives!

[SpankMe]

13. If you *won't* do your job, expect repercussions. n/t

[uppityperson]

14. indeed, you are correct in "won't" not "can't".

[sheshe2]

3. AG Pam Bondi, lost she needs to give it up.

She is on the wrong side of history and looks like a spiteful fool

Hey Don, at least we all made history here with Maura Healey. didn't we.



http://www.maurahealey.com/

USA’s first openly gay Attorney General eager to step into new role

Happy New Year~

[Cha]

5. Aloha, she.. mahalo for the Maura Healy reminder.. what a contrast!

Happy New Year, she!!

[sheshe2]

7. To you as well Cha.

Happy New Year~

[DonViejo]

9. We sure did make history sheshe...

It would have been a double win if Martha Coakley and her Lt Gov running mate, Steve Kerrigan, had made it. For those that didn't know, Kerrigan is an openly gay man.

Bondi played stupid about the court decision, "I don't know if it applies to the entire State," solely for the purpose of not having to order the Clerks to do the marriages.

[RKP5637]

11. Bondi is a damn fool and hater IMO. I've not heard very much good about her in general. n/t

[sheshe2]

12. I loved Healeys support. She was way the hell out in front. Did my heart good.

Yes, we blew it with Martha, voters didn't seem to care that we would have another Repub as Governor here. Sadly she is not strong enough to be a candidate. I think her past history hurt her as well. Thanks for the info, no, I did not know Steve was openly gay. I think they would have done wonders for the Bay State.

Happy New Year to your sweet family Don.

[Cha]

4. Yes, it's their duty so do it, already! Mahalo, DonViejo~

Happy New Year Don!!

[BlueJazz]

6. Pammy-Wammy is going to be pissed.

[SoapBox]

8. K & R