TALLAHASSEE—U.S. District Judge Robert Hinkle has released his promised ruling on New Year’s Day declaring that all Florida county court clerks have a legal duty to begin issue marriage licenses to same-sex couples who request them beginning on Tuesday, Jan. 6.

His announcement clarified his previous order that Florida’s same-sex marriage ban was unconstitutional. He stayed that order, but the stay is scheduled to expire at the end of the day Monday.

Hinkle warned Thursday that clerks who don’t start issuing the licenses when the stay expires could face future lawsuits or other legal consequences.

“History records no shortage of instances when state officials defied federal court orders on issues of federal constitutional law. Happily, there are many more instances when responsible officials followed the law, like it or not. 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,” Hinkle wrote in his ruling.

Hinkle said while his order doesn’t require a clerk to issue marriage licenses to same-sex couples, “the Constitution requires the clerk to issue such licenses.”

The National Center for Lesbian Rights and American Civil Liberties Union in Florida cheered Hinkle’s ruling Thursday.

“We expect all clerks to respect the ruling. But if not, we are committed to ensuring marriage equality in all 67 counties in Florida and we would like to hear from any couples that are wrongfully denied a license after the stay expires,” said Daniel Tilley, an attorney on LGBT rights for the ACLU of Florida.

An Associated Press survey of Florida’s county clerks last week and published in the Agenda found that an overwhelming majority didn’t plan to issue marriage licenses to same-sex couples starting Tuesday until they had further legal clarity.

Attorney General Pam Bondi said she was pleased the court had offered “additional guidance” to clear up confusion surrounding his previous order.

“My office will not stand in the way as clerks of court determine how to proceed,” she said in an emailed statement.

While awaiting Hinkle’s clarification, a handful of Florida county clerks said they would stop offering courthouse wedding ceremonies, partly to avoid performing those ceremonies for same-sex couples.

The clerks of court in Duval, Clay and Baker counties said they would have no choice but to issue marriage licenses to same-sex couples when Florida’s ban on same-sex marriage expired. However, they decided to end all courthouse marriages primarily to satisfy the clerks that were reluctant for personal reasons to perform the ceremonies. The clerks in Santa Rosa and Okaloosa counties also made similar announcements.

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