ORLANDO — A judge today ruled that the court clerk of Orange County has legal authority to issue marriage licenses to same-sex couples on Jan. 6.

The ruling by Circuit Judge Tim Shea clears the way for couples to apply for marriage licenses at the Orange County courthouse next week, the first day a Tallahassee federal judge declared that the state’s ban on same-sex marriage is unconstitutional and ordered that his ruling be implemented.

Orange County Clerk Tiffany Moore Russell had filed suit yesterday asking Shea to give her instructions on what to do.

In his ruling today, Shea wrote that Moore Russell can rely on the ruling by U.S. District Court Judge Robert Hinkle as “the law of Florida” and may begin issuing same-sex marriage licenses without fear of breaking the law or violating her oath of office.

The Florida Association of Court Clerks and Comptrollers two weeks ago told its members statewide not to issue the licenses.

Moore Russell had said she would not go against the advice of the state clerk’s association, which told members that Judge Hinkle in Tallahassee only had jurisdiction over the Washington County clerk who was named in the suit he decided.

Meanwhile, two Orlando-area couples, Bill Stevens Jr. and his partner Robert Brings and Rebecca Stein and Kaylyn Cooper, filed suit on Dec. 29, asking a Daytona Beach appeals court to order Moore Russell to give them marriage licenses on Jan. 6.

If the Fifth District Court of Appeal agrees, it would create a legal ruling that the clerk’s association has said would be binding on clerks statewide.

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