Gay Marriage in Florida: Judge Strikes Down State’s Gay Marriage Ban in One County
Florida has become the latest state where marriage equality has advanced. The state's ban was declared unconstitutional and a county clerk has been ordered to give same-sex couples marriage licenses, but only in one county.
Judge Luis M. Garcia of Monroe County found the state's ban on same-sex marriage unconstitutional and ordered County Clerk Amy Heavilin to begin issuing marriage licenses, according to Bloomberg. The county covers the archipelago of islands south of Miami known as the Florida Keys.
This case is one of three that have been heard in various Florida courts. According to the Orlando Sentinel, two other courts, one in Miami-Dade County and the other in Tallahassee, have not issued a ruling. All the lawsuits challenge the 2008 ban on same-sex marriage and traditional marriage supporters have vowed to continue fighting regardless of the outcomes.
John Stemberger, president of the Florida Family Policy Council, predicted that Circuit Judge Sarah Zabel of Miami-Dade would overturn the ban, saying, "I don't expect her to uphold the law." However, the Monroe County decision will not bury the state's ban on same-sex marriage.
The Orlando Sentinel explains that the Monroe and Miami-Dade cases only apply to their respective counties so Thursday's decision would be contained to Monroe County. Yet, the decision made by U.S. Circuit Judge Robert Hinkle in Tallahasee could prove the most decisive, sweeping away the ban state-wide. Plaintiffs in this case have asked the judge "to allow a same-sex couple to get married and force Florida to recognize the marital rights of 10 same-sex couples and a widow who got married in other states or Canada," according to the newspaper.
Regardless, gay rights activists have hailed Judge Garcia's decision as a step in the right direction.
"Like an unprecedented wave of state and federal courts across the country this past year, Judge Garcia did the right thing in affirming that committed same-sex couples share in the precious constitutional freedom to marry the person we love," said Freedom to Marry president, Evan Wolfson in a statement. "Florida's same-sex couples and their loved ones want what all families want: joy, protections, security, and respect - just what the freedom to marry is all about."
Both the state's Democratic Party and the Democratic candidate for governor, Charlie Crist, have lauded the judge's decision, reports the Miami Herald.
"Today was a great step towards equality in Florida. It is my hope that Governor Scott and Attorney General [Pam] Bondi will accept the decision of the judge and allow all Florida adults to marry the person they love," Crist said in a statement.
However, the Miami Herald reports that Florida Attorney General Pam Bondi has announced she will appeal the decision.
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