Federal Judge Keeps Stay In Place On Florida Gay Marriages

November 6, 2014

A federal judge Wednesday rejected arguments that he should lift a legal stay and allow same-sex marriages to take place in Florida. U.S. District Judge Robert Hinkle said the stay will continue until January 5, which leaves time for the 11th U.S. Circuit Court of Appeals to consider whether Florida’s ban on same-sex marriage is unconstitutional.

Hinkle in August ruled in favor of same-sex couples who challenged the constitutionality of the voter-approved ban, but he also imposed the stay. The plaintiffs last month asked him to lift the stay after the U.S. Supreme Court declined to take up same-sex marriage cases from other states — effectively allowing gay marriage in those states.

Attorney General Pam Bondi argued that the stay should continue while appeals play out. Hinkle on Tuesday dismissed the idea of an indefinite stay and said January 5 is 90 days after the U.S. Supreme Court declined to hear the other cases.

He wrote that the “public interest will support a longer stay only if, having considered the matter, the Eleventh Circuit (Court of Appeals) concludes that the defendants (the state) have a substantial likelihood of success on appeal. In light of the unbroken line of circuit decisions striking down bans on same-sex marriage and the Supreme Court’s decision to leave those decisions intact, I conclude that a longer stay is not warranted.”

Hinkle also rejected another argument by Bondi that the Florida Supreme Court should rule on the same-sex marriage ban.

“The defendants say I should stay this federal decision so that the Florida Supreme Court can rule in pending state cases,” he wrote. “But the issue here is a federal constitutional issue. The Florida Supreme Court has the last word on state law, but here state law is clear; there is no dispute over state law. The issue here arises under the United States Constitution.”

by The News Service of Florida


6 Responses to “Federal Judge Keeps Stay In Place On Florida Gay Marriages”

  1. Fact of life on November 10th, 2014 10:55 am

    Remember one thing in all of this. Man can never make laws that condone what the Word of God condemns. Have you not read 1st Corinthians 6:9. A nation without Godly Morals cannot and will not stand. So we should be ready to reap what we sow. May God help us all see the error of our ways.

  2. SL on November 7th, 2014 10:27 am

    @Curious…that is just plain mean. When marriage equality is eventually a reality in Florida, what are you going to do? Move? Then I would say good riddance to you. What is it about someone else’s private business that disgusts you?

  3. Curious on November 7th, 2014 5:05 am

    Claire, he may not vote, but he does judge, & you using mockery doesn’t help you @ all.

  4. Claire on November 6th, 2014 7:25 pm

    God doesn’t vote. No voter’s registration card, or picture I.D. Equal rights for all

  5. Curious on November 6th, 2014 6:14 pm

    Latoya, because it is wrong, not only in my eyes but also God’s, it’s also nasty & disgusting. If they want to, move to another state, nobody keeping them hostage, I say good riddance.

  6. latoya on November 6th, 2014 12:09 pm

    I simply feels.That gays should be given the opportunity to marry. It’s their life,who are we to judge? It’s ad simple as that!