UPDATED: Gay couple challenges legal halt to same-sex marriage in the Florida Keys

[DonViejo]

Last edited Mon Jul 21, 2014, 05:33 PM - Edit history (1)

Source: Reuters

By Reuters
Monday, July 21, 2014 11:43 EDT

MIAMI (Reuters) – A gay couple hoping to marry in the Florida Keys filed an emergency petition on Monday to reinstate a judge’s ruling which struck down the state’s gay marriage ban.

Last week Circuit Judge Luis Garcia, whose jurisdiction includes the Florida Keys, ordered the Monroe County Clerk of Court to begin issuing marriage licenses to same-sex couples starting on Tuesday.

But the ruling was automatically put on hold after Florida Attorney General Pam Bondi, a Republican, announced she planned to appeal it, stating that the final decision on the issue must come from the U.S. Supreme Court.

While the ruling applied to only one Florida county, it marks the first decision in several court cases across the state challenging a same-sex marriage ban approved by Florida voters in 2008.

-snip-

Read more: http://www.rawstory.com/rs/2014/07/21/gay-couple-challenges-legal-halt-to-same-sex-marriage-in-the-florida-keys/

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UPDATE:

Florida stay on marriage equality upheld after judge’s ruling
By Reuters
Monday, July 21, 2014 16:53 EDT

By David Adams

MIAMI (Reuters) – A judge in the Florida Keys rejected an emergency motion filed by a gay couple hoping to wed, effectively allowing Florida’s state’s same-sex marriage ban to remain in effect while it is appealed, likely all the way to the U.S. Supreme Court.

The couple had filed the motion on Monday morning seeking to reinstate the judge’s ruling last week which struck down the state’s gay marriage ban.

On Thursday Circuit Judge Luis Garcia, whose jurisdiction includes the Florida Keys, ordered the Monroe County Clerk of Court to begin issuing marriage licenses to same-sex couples starting on Tuesday.

Garcia found that Florida’s gay marriage ban approved by voters in 2008 violated the right to equal protection under the U.S. Constitution.

more
http://www.rawstory.com/rs/2014/07/21/florida-stay-on-marriage-equality-upheld-after-judges-ruling/

[Swede Atlanta]

1. Hmm.....there is a lot missing from this article.....

Unless Florida is even more "far out there" than other states I would be surprised if the AG, a representative of the Executive branch of government, has the authority to suspend a decision of a state court. The courts are to be autonomous, separate and co-equal branches of government.

We have seen several cases where clerks of court have looked to the AG for legal guidance. But I would be surprised if the clerks of court report administratively into the AG's office.

And no the issue doesn't have to wait for the U.S. Supreme Court. It can wind its way to a U.S. District Court judge who, given recent history, is likely to declare the state marriage equality ban unconstitutional. The state may then simply appeal to the 11th Circuit Court in Atlanta or may even ask them for an emergency stay. But the status of persons affected by the legal tug-of-war are usually granted some form of permanence while the issue is under review.

Governor Scott continues to amaze me. I certainly expect him to lose re-election and we will see Charlie Crist back in the state house in Tallahassee.

[alp227]

3. Miami Herald article...

http://miamiherald.typepad.com/gaysouthflorida/2014/07/gay-key-west-bartenders-ask-judge-to-lift-legal-stay-and-allow-them-to-marry-on-tuesday.html

Hope this helps.

[shenmue]

2. Go go go!

[RKP5637]

4. Excellent!!!!! n/t