By RICHARD HACK — The ruling is final and the race is one for Florida same-sex marriage licenses due to start being issued on Tuesday, January 6, 2015. Despite what the legal giant Greenburg Traurig has been trying to convey with memos that are threatening county clerks with arrest should they attempt to issue licenses based on Greenburg’s interruption of the state law, the message from the U.S. Supreme Court is clear. Same-sex couples are good to go.
According to Equality Florida’s Nadine Smith, “Clerks can stand in the doorway and try to block equality or they can welcome gay couples who have waited for decades for this moment,” said Nadine Smith. “We expect every Clerk to uphold their oath and protect the constitutional rights of gay couples seeking marriage licenses. No legal firm’s memo overrides their clear legal obligation.”
You’ve got to admire Nadine. She’s been standing tall and proud on this issue for years, and now that the moment is finally here, she is not about to let a little thing like legal opinion stand in her way. Or as a release from Equality Florida states, “That memo by a Greenberg Traurig attorney has been blasted by state and national legal experts.” She calls the opinion “exaggerated.”
In the hours following the SCOTUS decision, law firms, private attorneys and legal organizations have committed to providing pro bono legal counsel to any Clerks who are concerned about the memo. Attorneys also issued a stern warning: Clerks who fail to heed the federal court ruling declaring the ban unconstitutional will end up in a costly legal battle.
“Any Florida clerk who refuses to follow the Constitution’s command and who withholds marriage licenses from couples once the stay expires is on the wrong side of history and the wrong side of the law,” said Shannon Minter, Legal Director for the National Center for Lesbian Rights. “A discredited memo from a law firm won’t provide much protection against the risk of being sued for unconstitutional actions and being held liable for any damages — and attorney fees — incurred by couples as a result of withholding the freedom to marry. There is one Constitution, Florida is one state, and all Floridians are entitled to equal treatment throughout the state.”
According to Equality Florida, “Even State Attorneys have begun publicly dismissing the idea that a clerk would face charges for issuing marriage licenses to same-sex couples. In a statement to the Sun Sentinel, David Aronberg, state attorney for the 15th Judicial Circuit in South Florida, said his office would not prosecute court clerks who issue marriage license to gay couples after the ban expires. “We will not prosecute same-sex couples who express their lifelong commitment to one another through marriage, or the clerks of court who take part in the process,” said Aronberg. That sentiment was echoed by Monroe County state attorney Catherine Vogel. “I would probably agree with Palm Beach,” said Monroe County State Attorney Catherine Vogel. “It would be highly unlikely that we would be arresting the clerk of the courts.”
Judge Hinkle’s ruling is very clear: “ The defendant Secretary of the Florida Department of Management Services and the defendant Florida Surgeon General must take no steps to enforce or apply these provisions on same-sex marriage: Florida Constitution, Article I/27; Florida Statutes 741.212; and Florida Statutes 741.04(1)…The preliminary injunction binds the Secretary, the Surgeon General, and their officers, agents, servants, employees and attorneys – and others in active concert or participation with any of them – who receive actual notice of this injunction by personal service or otherwise.”
In preparation for couples planning to wed on Jan 6th, Equality Florida has set up an online clearinghouse at www.eqfl.org/marriage to keep people informed about what they need to know to get a marriage license, along with legal updates and other valuable information.
You go, Nadine. This moment is ours to celebrate in triumph. And I personally applaud you for your non-failing support of our future….Until next week, when we take a look at the changes in our stance in Cuba…
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