Important week for gay marriage
Events this week are likely to be historic in the continuing push for gay marriage. Months of legal motions and obstruction by Florida’s Attorney General Pam Bondi ended on New Year’s Day, when Federal District Judge Robert Hinkle clarified his August ruling that the state’s ban on gay marriage is unconstitutional.
Judge Hinkle’s order was short and to the point: “The preliminary injunction now in effect thus does not require the Clerk to issue licenses to other applicants. But as set out in the order that announced issuance of the preliminary injunction, the Constitution requires the Clerk to issue such licenses.”
Until that point was made, most county clerks in Florida, relying on a misguided legal opinion from the clerks association’s general counsel that Judge Hinkle’s order only applied to one county in the state, were planning to not issue marriage licenses to same-sex couples when a stay of the August order expires on Monday, Jan. 5. All clerks apparently now plan to issue licenses beginning Tuesday, Jan. 6; some clerks are opening their offices Monday evening, or at 12:01am on Tuesday to accommodate gay couples. That brings the number of states with gay marriage to 36, plus the District of Columbia.
Making it easy for couples to marry, however, will not be uniform across Florida. In at least 14 more conservative counties, clerks have decided that they will no longer allow marriages – gay or straight – to be performed in the county courthouse.
The main event of the week, however, takes place on Friday, Jan. 9, when justices of the US Supreme Court meet in conference to consider whether to take up an appeal of the Sixth Circuit Court’s ruling that states have the right to ban gay marriage. Four circuits have ruled such bans unconstitutional, so the Supreme Court may feel compelled to take up the issue.
Also on Friday, the Fifth Circuit Court in New Orleans will hear appeals of district judges’ rulings in Texas, Mississippi and Louisiana. In Louisiana, a judge ruled the state had the right to ban gay marriage. In the other two states, judges overturned the bans.
While we won’t know the outcome of the SCOTUS and circuit court deliberations, the process of rendering a decision begins on Friday.
Other marriage equality news
Kansas – Same-sex marriages are proceeding in many, but not all, counties in the state because a federal judge refused to stay his order that marriages proceed while he considered whether or not to overturn Kansas’ ban on gay marriage. The judge asked parties to the case to submit briefs by the end of January. It is considered highly likely that the judge will rule against Kansas, because it is in the 10th Circuit, which has overturned bans in its jurisdiction, leading to gay marriage in all states in the circuit.
Arkansas – Gay couples await a ruling by the state’s Supreme Court on an appeal of a state judge’s ruling that the state’s ban is unconstitutional. There has also been a federal court ruling to the same effect, but that decision has been stayed pending appeal.
Missouri – Gay couples can get married in two of the largest counties in the state because of two state court judges’ rulings. In addition, also because of a state court decision, same-sex couples legally married in other jurisdictions are recognized statewide. There is also a federal judge’s ruling overturning the state’s ban, but it is stayed pending appeal.
Staff report.
The Gayly – January 4, 2015 @ 12:45pm