ACLU Statement on State Filing Due Today Regarding Scope of Florida Marriage Ruling

TALLAHASSEE, FL – Today is the deadline for attorneys for the State of Florida to file a brief in federal court at the request of U.S. District Judge Robert Hinkle explaining the state’s understanding of the scope of an August 21 federal court ruling finding Florida’s ban on marriages for same-sex couples unconstitutional. Judge Hinkle requested this briefing after the Washington County Clerk, a defendant in the case, filed a motion asking the court to clarify whether the court’s ruling requires it to issue a marriage license only to the one unmarried plaintiff couple in the case or all eligible same-sex couples who apply for marriage licenses.

The ruling striking down the ban was the result of two cases — one brought by the American Civil Liberties Union ACLU of Florida on behalf of eight couples, a Fort Myers widow, and SAVE, South Florida’s largest LGBT rights organization; the other by Jacksonville attorneys William Sheppard and Sam Jacobson on behalf of two couples.  A temporary stay was placed on that ruling and is set to expire at the end of the day on January 5th.

Attorneys for the ACLU are preparing a brief of their own, to be filed this evening, explaining why the ruling requires all county clerks, including the Washington County Clerk, to issue marriage licenses to all eligible same-sex couples once the stay expires.

Regarding today’s filings, ACLU of Florida Executive Director Howard Simon stated:

“A federal judge has ruled that Florida’s ban on marriage for same-sex couples is unconstitutional – that it is simply ‘an obvious pretext for discrimination,’ as Judge Hinkle had earlier noted – and issued a preliminary injunction against its enforcement.

“This means that when the ruling takes effect on January 6, all out of state marriages entered into by same-sex couples must be recognized by the State for all purposes, including state health, pension and other benefits, and all clerks must begin issuing marriage licenses to same-sex couples.

“The court’s injunction applies to all 67 county clerks because they act in concert with the state with respect to marriage licenses. Moreover, all public officials — including clerks – are expected to stop enforcing a state law that has been declared unconstitutional whether or not they are directly subject to the injunction.   Florida is one state, not 67 separate states.”

UPDATE, 12/29 11:41pm: The ACLU's response has been filed. It is available here: https://www.aclufl.org/resources/response-to-motion-for-clarification-in-grimsley-et-al-v-scott/

Attorneys from the ACLU and the ACLU of Florida and Stephen F. Rosenthal of Podhurst Orseck, P.A. represent the plaintiffs in a federal lawsuit challenging Florida’s marriage ban.