
Several days ago, the United States Supreme Court declined to take up the cases that it had been presented from Virginia, Indiana, Wisconsin, Utah and Oklahoma. The five states were attempting to appeal court cases in which bans on same-sex marriage was deemed illegal in individual court rulings. By declining to hear the cases, the Supreme Court sent a boost of reinforcement to all those same-sex marriage advocates pushing for full equality.
While not involved directly in the five cases or the decision-making process, Florida has been in a holding pattern on the subject ever since August 21, when U.S. District Judge Robert L. Hinkle of Tallahassee ruled in favor of those same-sex couples seeking to marry by declaring the ban on same-sex marriage to be unconstitutional in the state. He then placed a stay on his ruling pending an appeal by the state’s Attorney General Pam Bondi, which came quickly placing the matter in the hands of the 11th Circuit Court of Appeals in Atlanta, where it still awaits a hearing.
Florida’s American Civil Liberties Union, headquartered in Miami, filed a motion with Judge Hinkle to lift his stay, effectively allowing marriages to begin in Florida immediately. In his original ruling, Hinkle attempted to place the subject of same-sex marriage in its proper context as to its importance. “The institution of marriage survived when bans on interracial marriage were struck down, and the institution will survive when bans on same-sex marriage are struck down. … Those who enter opposite-sex marriages are harmed not at all when others, including these plaintiffs, are given the liberty to choose their own life partners and are shown the respect that comes with formal marriage.”
The Florida ACLU expects Bondi’s office to respond to its move (they have 17 days to do so), though they have asked the attorney general not to oppose the request. But even if Bondi should oppose the request, it is likely that the issue of same-sex marriage with be a hot-topic affecting the November 4 election vote—an election in which both boni and her boss, Florida Governor Rick Scott, are up for reelection.
“It’s about time to suck it up and recognize the historical inevitability of equality,” ACL of Florida Executive Director Howard Simon told the Miami Herald on Monday with a nod in Pam Bondi’s direction.
After the single debate that Bondi had with her Democratic challenger George Sheldon, she was asked to comment on the same-sex issue. “There are other cases in other states. The sixth circuit is still out there pending so we’re going to see what they do in the sixth circuit, we’re going to be looking at those other cases, we’re going to be reviewing everything in Florida to see what to do next. And again, it just came out less than three hours ago, but this is a tremendous win for the plaintiffs in this case,” Bondi told the Miami Herald. (The U.S. Court of Appeals for the Sixth Circuit covers the states of Kentucky, Michigan, Ohio and Tennessee, and is currently ruling on six different same-sex marriage cases.)
“Today’s decision by the Supreme Court leaves in force five favorable marriage rulings reached in three federal appellate courts, ensuring the freedom to marry for millions more Americans around the country. The Court’s letting stand these victories means that gay couples will soon share in the freedom to marry in 30 states, representing 60 percent of the American people,” Evan Wolfson, president of Freedom to Marry, told the Miami Herald. “But we are one country, with one Constitution, and the Court’s delay in affirming the freedom to marry nationwide prolongs the patchwork of state-to-state discrimination and the harms and indignity that the denial of marriage still inflicts on too many couples in too many places. As waves of freedom to marry litigation continue to surge, we will continue to press the urgency and make the case that America — all of America — is ready for the freedom to marry, and the Supreme Court should finish the job.”