Saturday, January 3, 2015

Florida! Luxembourg!

All the confusion about whether clerks in Florida can issue marriage licenses to same-sex couples has been cleared up by the judge who declared Florida's ban unconstitutional last August. His ruling has three parts.

* This wasn't a class action suit the rules of the court do not require clerks to issue licenses to anyone not named in the original suit. However...

* The source of this ruling isn't the judge's words, but the US Constitution. So follow it.

* If a clerk doesn't follow the Constitution that clerk is open to lawsuits. And the court will act swiftly, leaving the clerk with court and lawyer costs.

Attorney General Pam Bondi responded by saying she won't stand in the way (though doesn't appear to eager to help the process along).

The Florida Family Policy Council is doing all it can to misinterpret the judge's words. They are claiming victory and are saying a clerk may be subject to a lawsuit if licenses are issued to same-sex couples.

In response to the ruling all the county clerks announced they will issue marriage licenses to same-sex couples beginning Tuesday. But clerks in 14 counties said, yes, we'll issue licenses, but we won't do any more for gay couples than we have to so we won't allow them to use the courthouse for weddings. However, we'll be fair. We won't let straight couples use the courthouse for weddings either.



The same-sex marriage law was approved in Luxembourg last June. It went into effect on January 1st. Marriages have begun. Prime Minister Xavier Bettel will soon take advantage of the new law and marry his partner Gauthier Destenay.



Idaho has officially filed its same-sex marriage case with the Supremes. The governor and attorney general are trumpeting that their case is the one the Supremes should take because they are the ones who will put up a vigorous defense of the right for a state can define marriage the way it wants. That's what Michigan did and has the trial record to prove it. I haven't heard whether the 9th Circuit has heard Idaho's challenge. Perhaps the Supremes won't take it for that reason.

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