Same Sex Marriage Laws: Gay Marriage Ban Upheld in Florida While Ruling is Pending Appeal
Despite the historic ruling overturning a ban on same-sex marriage in Florida last week, gay couples in the Florida Keys still won't be able to get married any time soon.
On Thursday, Circuit Judge Luis M. Garcia issued a landmark decision, ruling that Florida's ban on gay marriage is unconstitutional, reports the Huffington Post.
However, the ruling, which applies to the Keys and all of Monroe County only, was put on hold when the state filed an appeal.
Assistant Florida Attorney General Adam Tanenbaum also asked the judge to leave the stay in place due to the pending appeal.
Judge Garcia complied and on Monday refused to lift the stay on the ruling. He wrote that other courts had also decided "to stay proceedings in similar challenges" while appeals run their course, reports Reuters. As a result, the same-sex marriage ban will remain in effect until appeal courts weigh in.
If Garcia had lifted the ban, then the Monroe County Clerk of Courts would have begun issuing marriage licenses to same-sex couples starting on Tuesday.
"Lifting the stay will not burden or harm the state of Florida in any way, much less cause irreparable harm," wrote attorneys Bernadette Restivo and Elena Vigil-Farinas, according to Orlando Sentinel.
"Every day that goes by, plaintiffs and other same-sex couples are being deprived of important constitutional rights and suffering additional serious, ongoing, and irreparable dignitary, legal, and economic harms," they wrote.
Gay marriage is on hold in states like Colorado, where a judge overturned a state's gay marriage ban earlier this month.
District Court Judge C. Scott Crabtree ruled that Colorado's 2006 voter-approved ban on gay marriage was unconstitutional. However, Judge Crabtree "immediately put his ruling on hold pending an appeal," reports the AP.
Likewise, U.S. District Judge John G. Heyburn concluded that Kentucky prohibition on gay marriage violates the Equal Protection Clause of the U.S. Constitution by treating same-sex couples differently to straight couples. However, he put the implementation of his ruling on hold because it will be appealed, reports USA Today.
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