Weddings plans in limbo for gay couples

  • December 22, 2014
  • /   Louis Cooper
  • /   government
Local officials responsible for marriage licenses say they don’t believe they will be able issue licenses to gay couples despite a ruling by the Supreme Court that seemingly paves the way for same-sex marriages to begin Jan. 6. A Pensacola attorney, however, says if they won’t issues licenses to same-sex couples, they could face more legal action. In August, U.S. District Judge Robert Hinkle ruled that Florida’s ban on same-sex marriage is unconstitutional but stayed the enforcement of that ruling through Jan. 5. On Friday, the U.S. Supreme Court refused Florida Attorney General Pam Bondi’s request to extend the stay. Marriage equality supporters across the state believe that means same-sex marriages will start on Jan. 6. However, lawyers for the Florida Court Clerks & Comptrollers have said they believe Hinkle’s ruling applies only to Washington County, which was specifically named in the suit. They warned clerks in other counties that they could be subject to criminal prosecution if they allow gay couples to wed. “It is our duty as a court clerk to act in accordance with Florida law.  We are responsible for administering the law; therefore, it is not within our purview to interpret the law,” said Don Spencer, the Santa Rosa County clerk of the courts. “We are going to follow the advice of the Florida Court Clerks & Comptrollers’ legal counsel that, at this time of uncertainty, we do not issue same-sex marriage licenses until a binding order is issued by a court of proper jurisdiction.” Spencer said he would rely on the FCCC’s advice as to what “a binding order … issued by a court of proper jurisdiction” would be. Escambia’s Pam Childers echoed Spencer’s sentiment. “This courthouse stands ready to both issue marriage licenses and perform ceremonies should the law allow it,” she said. “We will follow whatever the law says. As we understand it, (when) the stay expires, it only applies to Washington County. It would have no effect on us.” Joshua Jones, a Pensacola attorney who specializes in LGBT legal issues, said the FCCC’s opinion, based on their attorneys’ advice, does not carry the weight of law. “This is a pitiful, last-ditch effort to deny committed, Florida same-sex couples the right to marry. When a court says that a statute or state constitutional provision violates the U.S. Constitution, such a ruling is not limited to the one county at issue,” Jones said. “If it's unconstitutional in Washington County, it's unconstitutional throughout Florida.” [sidebar] How to Get a Marriage License
  • Florida residents must wait three days between getting the marriage license and being married unless they provide a certificate from a qualified counselor certifying they have completed a four-hour pre-marital counseling course.
  • Those with out-of-state IDs are not required to wait three days or complete counseling.
  • Marriage license fee for non-residents of Florida and residents who have not completed pre-marital counseling course is $93.50. The fee for residents who have completed the pre-marital counseling course is $61.
  • Marriage performed by clerk of court is $30 (not offered in Santa Rosa County as of Jan. 1).
[/sidebar] The American Civil Liberties Union of Florida, and Equality Florida, a statewide LGBT rights organization, stand ready to take legal action, if necessary, Jones said. “Locally, if anyone attempts to get a same-sex marriage license and is denied, call me immediately, and we'll go from there,” Jones said. “Such game playing by the clerks will only cause more litigation, more wasted time, and more wasted tax dollars to defend such litigation.” However, if local clerks initially deny same-sex couples licenses, Jones said there is a relatively quick work-around. “Our marriage statute does not require that a couple get their marriage license in the county of residence,” he said. “If Washington County issues same-sex marriage licenses while Childers and Spencer play games, couples can simply go over to Washington County to get married.” The Washington County clerk’s office is in Chipley, about 115 miles east of Pensacola. Jones is hopeful the court could clarify the application of the ruling before Jan. 6. “I would not be surprised if some sort of motion for clarification of the order is filed by either side, just to have a solid answer on it,” he said. However it might come about, Childers said she is preparing for the possibility of gay marriage becoming legal. “If there is other court action taken, we will have to respond accordingly,” she said. “We will be staffing up and be prepared. We will also have our Century office prepared because we are right next to the Alabama line and we anticipate people will cross the line and come to that courthouse as well.” Spencer has announced that his office will stop performing all marriage ceremonies in January to save money.
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