Friday, January 02, 2015

There Will Be 36! Marriage Equality Will Begin In Florida Next Week

Next week Florida will almost certainly become the 36th state where same-sex couples can get legally married when a federal judge's injunction against the Sunshine State's constitutional amendment banning marriage equality goes into effect at 5pm on January 5, 2015. U.S. District Court judge Robert L. Hinkle ruled on New Year's Day that his order applies specifically to the couple who filed before him but that his ruling makes it clear that the statute barring the issuance of marriage licenses to same-sex is unconstitutional and if clerks act based on an unconstitutional law he will entertain all such couples being added as parties to the original lawsuit.

This is how the Judge puts it:
The preliminary injunction now in effect thus does not require the Clerk to issue licenses to other applicants. But as set out in the order that announced issuance of the preliminary injunction, the Constitution requires the Clerk to issue such licenses. As in any other instance involving parties not now before the court, the Clerk’s obligation to follow the law arises from sources other than the preliminary injunction.
Hat/tip to Joe Jervis 

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