Breaking: Judge Rules Constitution ‘Requires’ All Florida Clerks Issue Same-Sex Marriage Licenses

A federal judge this afternoon ruled all Florida clerks are required to issue marriage licenses to same-sex couples.

U.S. District Judge Robert Hinkle has handed down a ruling in response to an emergency inquiry from Florida county clerks who tried to claim his August ruling applied only to one clerk, not all clerks across the state.

Today, Judge Hinkle ruled that the U.S. Constitution “requires” clerks in all 67 Florida counties to issue marriage licenses to same-sex couples who wish to marry.

“The preliminary injunction now in effect thus does not require the Clerk to issue licenses to other applicants,” Hinkle wrote today. “But as set out in the order that announced issuance of the preliminary injunction, the Constitution requires the Clerk to issue such licenses.”

“Reasonable people can debate whether the ruling in this case was correct and who it binds,” Hinkle’s ruling adds. “There should be no debate, however, on the question whether a clerk of court may follow the ruling, even for marriage-license applicants who are not parties to this case.”

He extended a warning as well.

“And 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.”

Attorney General Pam Bondi late Monday evening filed a response with the Court stating that there was “widespread confusion” over whether or not all clerks had to issue licenses on January 6, after his stay expires. She also claimed her fight to extend the Hinkle’s stay, delaying marriage even longer, “is precisely what the Attorney General’s Office sought to avoid.” 

Equality Florida took the opportunity to blast a legal memo the Florida Court Clerks & Comptrollers used to try to claim they not only did not have to issue licenses, but legally could not.

“We believe Judge Hinkle’s order was clear from the beginning,” Equality Florida said in a statement. “We are pleased that he has put an end to the unnecessary confusion caused by a poorly written legal memo by a private law firm. We look forward to January 6th 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.”

Responses via Twitter:

UPDATE I – 5:52 PM EST: 

Judge Hinkle’s ruling effectively states all clerks may issue licenses beginning January 6, but then adds any clerk who refuses to issue a license can be sued by the couple they refused a license to. He also states he at that point he would order them to do so, as Chris Geidner at Buzzfeed notes.

It’s a fine line but an important one.

UPDATE II – 6:04 PM EST:

The Florida Sun-Sentinel notes that Judge Hinkle’s ruling “will have immediate effect on plaintiffs in ten lawsuits around the state, and thousands of other gay and lesbian couples. According to 2010 census data, there are approximately 65,000 same-sex households in the state.”

But the paper also warns that “the 11^th Circuit Court of Appeals in Atlanta could overturn Hinkle’s decision. So could the U.S. Supreme Court.”

UPDATE III – 6:11 PM EST:

Florida Attorney General Pam Bondi just issued a terse and accusatory statement in response to Judge Hinkle’s ruling.

Following significant public confusion about the federal-court injunction, the court today granted the clerk of court’s request for clarification. In the order, the court specified that the injunction does not require a clerk to issue licenses to same-sex couples other than the plaintiffs, but the court stated that “a clerk of court may follow the ruling, even for marriage-license applicants who are not parties to this case.” Attorney General Bondi’s statement is as follows:

“This office has sought to minimize confusion and uncertainty, and we are glad the Court has provided additional guidance. My office will not stand in the way as clerks of court determine how to proceed.”

 

Editor’s note: The case surrounding Hinkle’s ruling is Brenner v. Scott, and the image is of two of the plaintiff couples.

This is a breaking news story – details may change.

 

Photo: Plaintiff couples in Brenner v. Scott. From left to right- Steve Schlairet, Chuck Jones, James Brenner, Ozzie Russ.
Image via Wikimedia 

Hat tip: Capital T Capital J