Judge Hinkle Assures Gay Marriage Rights Will Apply To All Florida Couples

Judge Robert Hinkle of the United States District Court issued an order on Thursday in response to requests that he clarify an August ruling in which he deemed Florida’s same-sex marriage ban unconstitutional. While the Judge issued a stay along with the decision in order to leave room for appeals, it’s set to expire on January 5th, officially clearing the path for same-sex couples in Florida to wed.

Recently however, an organization representing county clerks called the ruling into question, claiming that it would only apply in Washington County, where the lawsuit leading to the decision was filed. As a result, many Florida country clerks began announcing that they did not plan to issue marriage licenses to same-sex couples outside of Washington county, even after the Judge’s decision took effect next week. Many outraged Florida citizens and gay rights groups however, insisted that the ruling would apply state-wide.

Judge Hinkle clarified today that the ruling did indeed apply to the entire state of Florida and that gay citizens in any of the state’s counties will be allowed to wed beginning this coming Tuesday. He wrote, “Reasonable people can debate whether the ruling in this case was correct and who it binds. 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.”

The Judge also warned that county clerks who refuse to issue marriage licenses to same-sex couples after the ruling takes effect could face legal consequences. As of Tuesday, Florida will become the 36th state, in addition to the District of Columbia, to recognize same-sex marriage.

Daniel Tilley, a lawyer for the American Civil Liberties Union of Florida, said, “This is a thrilling day for all Florida families. As we explained to the court, every day that the ban remains in place, couples are suffering real harms. We are grateful that the court recognized that, and that as a result, those days are finally coming to an end.”

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Judge Hinkle Assures Gay Marriage Rights Will Apply To All Florida Couples