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groundloop

(11,513 posts)
Fri Jan 2, 2015, 06:36 PM Jan 2015

Law Firm Issues Bogus Advice to Clerks About Gay Marriage Licenses, Gets Slapped Down

From Slate: http://www.slate.com/blogs/outward/2015/01/02/florida_gay_marriage_controversy_firm_tells_clerks_they_ll_go_to_jail.html



On Jan. 6, gay marriage will become legal in Florida, despite Attorney General Pam Bondi’s tireless efforts to ensure that same-sex couples in the state remain legal strangers. But this is Florida we’re talking about, land of hanging chads and python hunts, so naturally, there’s a bizarre last-minute hitch: In December, law firm Greenberg Traurig sent an unscrupulous legal memo to the state’s clerks, informing them that they could be arrested for issuing marriage licenses to gay couples.

Greenberg’s memo was disreputable for a number of reasons, but its primary problem is that it was incredibly stupid. In August 2014, U.S. District Judge Robert Hinkle ruled that Florida's anti-gay-marriage amendment violated the U.S. Constitution. But he put the ruling on hold while the state appealed, setting the hold to expire at the end of the day on Jan. 5, 2015, unless a higher court stepped in. Both the 11th Circuit and the Supreme Court, however, refused to stay Hinkle’s ruling, and so clerks throughout Florida are now preparing for a flood of gay applicants the morning of Jan. 6. Given that the state’s gay marriage ban had been legally invalidated, granting marriage licenses to gay couples would seem to be the clerks’ legal duty.

That’s when Greenberg stepped in. In a deceptive and borderline unethical memo, the firm wrote that Hinkle’s order bound only a single clerk, the named plaintiff in the case, to a single gay couple, the named defendants. The judge’s ruling, Greenberg explained, had absolutely no effect on every other clerk in every other county. Thus, any clerk who dared to issue a marriage license on Jan. 6 would be violating Florida’s gay marriage ban—which, in the firm’s view, was still valid. And because this ban created criminal penalties for those who violate it, any clerk who granted same-sex marriage licenses on Jan. 6 could be subject to prosecution and jail time.

This, of course, is nonsense—and on New Year’s Day, Hinkle issued a new order lambasting Greenberg’s memo as the sloppy piece of duplicitous disruption that it is. “History,” Hinkle wrote, tartly invoking the days of massive resistance, “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.” Some clerks, Hinkle admitted, may choose to wait for a higher court to rule on the merits of Florida’s ban before issuing marriage licenses to gay couples. But “there should be no debate” that if a clerk chooses to follow Hinkle’s ruling—that is, chooses to obey the law—she won’t be sent to jail. Further, Hinkle noted, those clerks who choose to discriminate against gay couples should remember that they may well be sued. And if they lose, they’ll be required to pay their opponent’s attorney’s fees.............

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Law Firm Issues Bogus Advice to Clerks About Gay Marriage Licenses, Gets Slapped Down (Original Post) groundloop Jan 2015 OP
Greenberg Traurig - Jack Abramoff's old firm gratuitous Jan 2015 #1
Good catch - I was unaware of the Abramoff link groundloop Jan 2015 #2
They were corrupt before they hired Abramoff and they're still corrupt starroute Jan 2015 #4
John Scalia... now there's a walking turd for ya. Hoppy Jan 2015 #8
Local Ft. Myers news tonight HockeyMom Jan 2015 #3
I think that memo went past the border of unethical n/t marym625 Jan 2015 #5
"borderline unethical" If they lied you would think it "would" be unethical. cstanleytech Jan 2015 #6
The hypocrisy is staggering FrodosPet Jan 2015 #7
Jacksonville is joining the craziness lark Jan 2015 #9

gratuitous

(82,849 posts)
1. Greenberg Traurig - Jack Abramoff's old firm
Fri Jan 2, 2015, 06:40 PM
Jan 2015

Nice to see they're still in business despite employing a notorious felon. Next up for this formerly prestigious firm? Late night basic cable commercials featuring some superannuated "celebrity"* touting the legal acumen of the law offices of Greenberg Traurig - fighting for YOU!

*I'm thinking Rula Lenska.

groundloop

(11,513 posts)
2. Good catch - I was unaware of the Abramoff link
Fri Jan 2, 2015, 06:49 PM
Jan 2015

That ups their slimeball score by a factor of 10. For a law firm to issue directions to state clerks is pretty damned arrogant.

starroute

(12,977 posts)
4. They were corrupt before they hired Abramoff and they're still corrupt
Fri Jan 2, 2015, 08:51 PM
Jan 2015
http://rawstory.com/exclusives/byrne/abramoff_florida_recount_bush_505.htm

May 5, 2005

Greenberg Traurig has yet to receive more than $314,000 in legal fees charged to a Bush committee during the 2000 Florida recount, RAW STORY can confirm.

As a corporation, Greenberg’s unpaid tab represents a massive in-kind campaign contribution, far larger than anything that went unreported by DeLay. But it appears to be legal: corporations are allowed to donate any amount to the nebulous type of committee employed during the recount. It would, however, violate the committee's self-imposed $5,000 contribution limit from individual donors. . . .

Bush’s decision to employ Greenberg took flak from some Democrats at the time. Shortly before the case came before the Supreme Court, the firm announced the hire of John Scalia, son of Justice Antonin Scalia. Gore’s attorneys and ethics experts didn’t press the issue at the time, saying John Scalia wasn’t directly connected to the case.

The formal announcement of Scalia’s hire came on Jan. 9, 2001, after the court had ruled. Abramoff’s hire was announced two days before . . .

 

HockeyMom

(14,337 posts)
3. Local Ft. Myers news tonight
Fri Jan 2, 2015, 08:00 PM
Jan 2015

said that clerks will start issuing marriage licenses in Charlotte, Lee, and Collier Counties on Monday.

FrodosPet

(5,169 posts)
7. The hypocrisy is staggering
Sun Jan 4, 2015, 02:17 AM
Jan 2015
http://www.gtlaw.com/News-Events/Newsroom/Press-Releases/138905/Pro-Bono-Representation-of-2-Foster-Children-in-Floridas-Gay-Adoption-Case-May-be-Most-Meaningful-for-Greenberg-Traurig-Team

Miami, FL — "They always tell you that your pro bono cases will be the ones you find most meaningful. There is no doubt that when I look back on my career, I will be proudest of the fact that I may have assisted some of the thousands of foster children in Florida to find permanent homes with loving and capable parents," said Hilarie Bass, the attorney who worked pro bono as the lead for the trial team representing the children in Florida's highly publicized gay adoption case ruling.

In 2007, the ACLU, filed suit on behalf of Martin Gill, a gay foster parent, seeking to have Florida's 33-year-old statue barring adoption by gay men and lesbians struck down as unconstitutionally discriminatory. At that time, Miami-Dade County Juvenile Judge Cindy Lederman reached out to Bass to ask her to undertake the pro bono representation on behalf of the man's two foster children. The case was going to involve a challenge to the constitutionality of the law. The law had previously been challenged unsuccessfully on two occasions: once when the 11th Circuit federal court of appeals upheld the statute and once when the Florida Supreme Court declined to hold it unconstitutional.

Bass, now Chair of the Section of Litigation of the American Bar Association and Global Operating Shareholder at international law firm Greenberg Traurig, PA, took on the challenge. Greenberg Traurig shareholder and fellow litigator Ricardo A. Gonzalez also joined her.

~ snip ~

Florida Governor Charlie Crist issued a statement on the following day, announcing that the statute would no longer be enforced anywhere in Florida. Additionally, the Department of Children and Families issued a directive that prospective adoptive parents would no longer be asked questions about their sexual orientation.

~ snip ~

lark

(23,061 posts)
9. Jacksonville is joining the craziness
Sun Jan 4, 2015, 02:33 PM
Jan 2015

Someone decided that the huge new courtroom area specifically and beautifully built for weddings will not longer be used. They'd rather waste the 1000 ft. space and 3 rooms and who knows how many tens of thousands of tax payer dollars rather than face the prospect of marrying gay couples. A law firm 1 block away has agreed to marry anyone who wants for the same fee charged by the court. Of course, they probably don't have the nicely designed space for this purpose that the court does. Interestingly, the top judge has said that he would continue to marry people, so pass the popcorn, this could get interesting.

Redneck intolerant racists run this city and always have.

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