The Florida Association of Court Clerks and Comptrollers asserted Tuesday that Washington County is the only place named in the federal lawsuit where a federal judge overturned a ban on same sex marriage. The association says clerks in all other counties aren’t bound by U.S. District Judge Robert Hinkle’s ruling that the same sex marriage ban is unconstitutional.
The association has also advised court clerks that if they issue marriage licenses outside of Washington County they could face misdemeanor criminal charges. Florida Attorney General Pam Bondi filed an emergency petition on Monday seeking to keep the state’s ban on same sex marriage in place past Jan. 5, the last day that Hinkle has stayed his ruling.
Supreme Court Justice Clarence Thomas is responsible for reviewing Bondi’s petition. If the Supreme Court grants the request, the stay will remain in place during the state’s appeal. If the Supreme Court denies the stay, then the preliminary injunction will become effective at the end of the day on Jan. 5, 2015, allowing same sex couples to marry in Florida, at the very least in Washington County.
Yes I am the Brenner from the lawsuit. Despite the efforts on the part of some it does not take a law degree to read Judge Himkle’s Preliminary Injunction and understand that a serious error has been committed. When we filed this suit the Washington County Clerk whined that he should NOT be named because he was not the authority he was only an Agent for the Dept of Health. A few moments ago I spoke to the clerk’s office in Leon County and he confirmed that he acts as an AGENT for the dept of Health. The department of Health Director is also known as the Florida Surgeon General. NOW i am going to paste paragraph 4 into this message and let you figure out if someone is playing games or not.
4. The defendant Secretary of the Florida Department of Management Services and the defendant Florida Surgeon General must take no steps to enforce or apply these Florida provisions on same-sex marriage: Florida Constitution, Article I, § 27; Florida Statutes § 741.212; and Florida Statutes § 741.04(1). The preliminary injunction set out in this paragraph will take effect upon the posting of security in the amount of $500 for costs and damages sustained by a party found to have been wrongfully enjoined. The preliminary injunction binds the Secretary, the Surgeon General, and their officers, agents, servants, employees, and attorneys—and others in active concert or participation with any of them—who receive actual notice of this injunction by personal service or otherwise.
The opponents of marriage equality won’t give up in their attempts to defend what is indefensible. My advice to these opponents and clerks of courts who seems to be reluctant to issue the marriage equality licenses is to simply follow their conscience and being prudent.