Thursday, federal district court Judge Robert L. Hinkle confirmed his marriage ruling in a new order stating that clerks of all Florida counties must issue marriage licenses to same-sex couples after his stay expires end of day Jan. 5.
When the stay of his prior order invalidating Florida’s ban on marriage by same-sex couples expires Jan. 5, the federal Constitution requires that all Florida county clerks must issue marriage licenses to same-sex couples.
“[N]o plaintiff now in this case has standing to seek a preliminary injunction requiring the clerk to issue other licenses. The preliminary injunction now in effect thus does not require the clerk to issue licenses to other applicants,” Hinkle wrote. “But as set out in the order that announced issuance of the preliminary injunction, the Constitution requires the clerk to issue such licenses.”
Buzzfeed reported that such a ruling would leave things very much in the air when the stay on Hinkle’s injunction ends Jan. 5, but the judge went further, writing, “a clerk who chooses not to follow the ruling should take note: the governing statutes and rules of procedure allow individuals to intervene as plaintiffs in pending actions, allow certification of plaintiff and defendant classes, allow issuance of successive preliminary injunctions, and allow successful plaintiffs to recover costs and attorney’s fees.”
In other words, the report continued, if a clerk refuses to issue marriage licenses to same-sex couples on Jan. 6, Hinkle has put them on notice that he is ready, willing, and able to order them to issue licenses.
“We believe Judge Hinkle’s order was clear from the beginning, said Nadine Smith, CEO of Equality Florida. “We are pleased that he has put an end to the unnecessary confusion caused by a misguided legal memo by a private law firm. We look forward to Jan. 6 when couples who have waited for this day can finally be married, and those of us married elsewhere are finally able to fully protect our families.”
Aug. 21, 2014, Judge Hinkle ruled that Florida’s laws barring same-sex couples from marriage violate the equal protection and due process requirements of the federal Constitution and stayed his ruling until Jan. 5, 2015. Both the Eleventh Circuit and the U.S. Supreme Court subsequently denied the State of Florida’s request to extend the stay. Last week, the Washington County Clerk filed a motion asking Judge Hinkle to clarify his ruling following confusion generated when a private law firm issued a memorandum concluding that Judge Hinkle’s ruling did not permit other county clerks to issue marriage licenses and that those who did so would face criminal prosecution.
Dec. 23, 2014 the National Center for Lesbian Rights (NCLR) and Equality Florida sent a memorandum to all of Florida’s county clerks, explaining that they were required to issue marriage licenses to same-sex couples Jan. 6, based on Judge Hinkle’s decision.
Dec. 29, 2014, NCLR submitted an amicus brief on behalf of Equality Florida, urging Judge Hinkle urging Judge Hinkle to confirm the statewide scope of his earlier ruling.
“Today’s ruling confirms that all Florida officials, including county clerks, must comply with the federal Constitution and must therefore treat same-sex couples equally under the law by issuing marriage licenses to qualified same-sex couples and by treating their marriages equally in all respects,” said Shannon Minter, Legal Director of NCLR
