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US Supreme Court Rules: Same-Sex Marriages Begin January 6 In Florida
December 20, 2014
The U.S. Supreme Court cleared the way Friday night for same-sex marriages to begin January 6 in Florida. The court rejected a plea from Florida Attorney General Pam Bondi to maintain a judge’s stay to keep the same-sex marriages from happening.
The stay was issued in August by U.S. District Judge Robert L. Hinkle who said that Florida’s 2008 ban is unconstitutional. The stay was issued to give Florida time to appeal. That stay will expire at midnight on January 5.
Bondi asked the 11th Circuit Court of Appeals, where the appeal of the decision is pending, to extend the stay for the duration of the appeal. When the 11th Circuit denied that request, the state filed an application for a stay extension at the U.S. Supreme Court. Friday’s decision by the court rejected the request.
“Tonight, the United States Supreme Court denied the State’s request for a stay in the case before the 11th Circuit Court of Appeals. Regardless of the ruling it has always been our goal to have uniformity throughout Florida until the final resolution of the numerous challenges to the voter-approved constitutional amendment on marriage. Nonetheless, the Supreme Court has now spoken, and the stay will end on January 5,” Florida Attorney General Pam Bondi said in a statement released Friday night.
“This is a thrilling day for all Florida families. As we explained to the Court, every day that the ban remains in place, couples are suffering real harms. We are grateful that the Court recognized that, and that as a result, those days are finally coming to an end,” ACLU of Florida staff attorney Daniel Tilley said.
“Now that the last-ditch efforts of Governor Scott and Pam Bondi to delay implementation of Judge Hinkle’s ruling have failed, we turn our focus to marriage equality coming to Florida. The nation’s highest court has now given its blessing to marriage going forward in Florida. Those who were waiting for the Supreme Court to weigh in have gotten exactly what they asked for. We expect public officials in all of Florida’s 67 counties to understand the significance of this development and look forward to full implementation of Judge Hinkle’s decision across our state,” Tilly continued.
The order from the Supreme Court was short, saying only, “The application for stay presented to Justice Thomas and by him referred to the Court is denied. Justice Scalia and Justice Thomas would grant the application”.
Comments
55 Responses to “US Supreme Court Rules: Same-Sex Marriages Begin January 6 In Florida”
@southern boy:
“Sad day –sad, sad, day—for Floridians and United States.”
Unless you are one of the couples who have been denied marrying the person you love for decades. Then it’s really just about the happiest of days
I don’t know why you pin your emotional state on the status of other people’s relationships but you might want to re-think that one. It doesn’t seem healthy.
REGARDING:
“Under the Constitution the States and local governments were allowed and did have say in such matters. I’m sure you’ll say “but the 14th amendment”. The 14th amendment was written to protect the rights of former slaves not to nullify the original intent of the 1st amendment.”
Words have meanings.
Actions have consequences.
The writers of the 14th did not limit the scope of effect.
Those who approved the 14th didn’t insist it be changed.
Those who swore to uphold the Constitution — even as amended — swore they did so without mental reservation.
All honest people are bound by their word.
David for honest people
REGARDING:
“The supreme court has no right to tell the states to go against their own voter-approved constitutional amendment on marriage.”
Sure it does.
That is much of what it was formed to do. Not a particular action, of course, but any disputes between state laws and the supreme governing law of the USA. When we formed the USA, we agreed federal law overrode lower laws unless otherwise stated. Well, actually, state power overrode federal unless otherwise stated, but the 14th flipped the order regarding civil rights.
David for truth
The supreme court has no right to tell the states to go against their own voter-approved constitutional amendment on marriage.
Sad day –sad, sad, day—for Floridians and United States.
Its a great day for Florida!! I can get married now. I don’t care about who gets married in Florida that’s your own business what you do straight, gay who care it doesn’t hurt anyone. For the ones who judge a sin is a sin in gods eye there is no grater sin we all sin everyday. Hell I ate shellfish today I sinned. I ask god for forgiveness everyday. We all just need to love everyone!!!!
I see your Hugo Black and raise you one Joseph Story, Supreme Court Justice under John Marshall, first Dane of Law of Harvard. Joseph Story was nominated by James Madison, you know the father of the Constitution. Seems like the guys that were there would know better what they meant.
“§ 1871. The real object of the amendment was, not to countenance, much less to advance Mahometanism, or Judaism, or infidelity, by prostrating Christianity; but to exclude all rivalry among Christian sects, and to prevent any national ecclesiastical establishment, which should give to an hierarchy the exclusive patronage of the national government.”
“Thus, the whole power over the subject of religion is left exclusively to the state governments, to be acted upon according to their own sense of justice, and the state constitutions; and the Catholic and the Protestant, the Calvinist and the Armenian, the Jew and the. Infidel, may sit down at the common table of the national councils, without any inquisition into their faith, or mode of worship.”
Under the Constitution the States and local governments were allowed and did have say in such matters. I’m sure you’ll say “but the 14th amendment”. The 14th amendment was written to protect the rights of former slaves not to nullify the original intent of the 1st amendment.
The sad fact is some rulings are about what some judges want the law to say and not what the law actually meant.
The United States Supreme Court in Everson v. Board of Education (1947), Justice Hugo Black held:
The “establishment of religion” clause of the First Amendment means at least this: Neither a state nor the federal government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance.
No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect “a wall of separation between church and State.”
The Atlantic magazine has a quite interesting article about marriage in America today. The author mentions three types of marriage, and how one’s educational achievement and literacy helps determine success in marriage and child stability. The title of the article is “How to Save Marriage in America”. Everyone commenting here should pause and read the article to gain some insight about how young people are viewing marriage.
You can reap benefits in a “common law’ marriage, if that’s what you want to call it. If you are living with your boyfriend or girlfriend, or even your same sex partner, you are eligible to be on that person’s health insurance. I don’t know what other rights you are looking for in a “common law” marriage, but if you’ve been with him for 14 years and want to benefits of a marriage that others that are legally married benefit from, THEN GET MARRIED. There’s obviously other issues going on in your life that are preventing you from making that commitment, but don’t use this one as an excuse. As far as same sex marriage, it’s just a piece of paper. Get over it.
Jcellops, I would rather have legal recognized standing of my relationship than trying to deal with bias from others whether in healthcare or any other area. Equality in the eyes of the law has finally happened to Florida. I’m sure Alabama and Mississippi will be the last two states to recognize gay marriage equality.
If you don’t believe in fairy tales then why are you so concerned about recognition for cohabitation. Nothing in current laws prevents same sex cohabitation. Having a public official administer some public ceremony does nothing to influence long term cohabitation agreements.
If you are concerned about unequal tax treatment, then fine let’s fix that. Let’s repeal the 16th amendment then no one pays income taxes and all is fair. I’ll support you in that.
Good, it’s time, make marijuana legal next.
CW, you do have a valid point, but you gotta admit there are economic benefits to being recognized as married, tho they might be outweighed by the economic disadvantages as well, like a spouse who stays at home & does not work.
I’m not surprised to read comments from some Christians who seem to feel they want their religious beliefs to trump the beliefs of everyone else, including atheists and agnostics as well as pagans and worshipers of other gods. What they don’t seem to realize is that not everyone believes in a god so they do not have to adhere to a Christian belief system. What goes for you does not go for everyone else. You can preach all day and it won’t make a hill of beans for me and others who are happy to hear that gays will be allowed to marry. Your religion does not trump my disbelief in a god and therefore it is not within your rights to impose your religious beliefs on me or anyone else who does not believe in fairy tales.
I’m confused- regarding the notion that anyone, gay or straight, does not have visiting rights or legal decision making rights for their loved one in the hospital… That part of the argument is nonsence..all it takes is a little legal forethought – you can make pretty much anyone of your choice your HCS ( health care surrogate), as long as you’re of sound mind when you designate them- which obliges the HCS to ALL health care decision making rights, visitation rights, speaking to doctor rights, et cetera- from what I’ve seen, the legal HCS’s decisions supercede those of the NOK (next of kin) …in addition, regarding health insurance – I know from experience, that there is currently a classification of ” legally domicile dependent ” which affords that uninsured partner/person the ability to be added onto the “primary’s” healthcare plan if they actually reside with the insured primary. It does cost more however, than what it would cost for a married spouse. I would think that increased cost will change now.
Also, CW, it’s not just the gays who pay in more, it’s the single & the ones who make a lot of money & doesn’t have much or no deductions, stop acting so gay Buddy & stop trying to put all singles into the Gay category, some people Are Against Being Gay, on average not all are gays. Quit trying to be Funny & get a real life not a gay one.
Tracy Smith, I don’t know if your living with your boyfriend or not but if y’all can be together for 14 years, can’t you get married unless either one of you have been married before & divorced & don’t want to commit that sin by remarrying like some are accusing Pam Bondi, if that be the case your already doing wrong by you guys sleeping together, the Bibles just not talking to young teenagers its talking about all ages, color & sexes. Am I really judging you? No, I sin almost everyday, I just have to ask for forgiveness, like every other Christian, nobody is Perfect, but you can’t ask for it & still live the lifestyle. All I’m saying is you can’t talk about gays & live with your boyfriend, but you brought up something that it all started with, now they’re gonna prolly have to pass something on that, things never end, why can’t you people just own up to wrong & do the right thing instead of wanting government to just hand out.
“The point is money. If you can get recognized by the state as a married couple, you can adopt children. The more children you can adopt, the bigger & fatter the monthly checks from the government will be, to the point where neither “parent” will have to work at all.”
@ Mike
Wow! So gay people only want to get married so they can adopt children and collect welfare? I hope you do realize that gay people on average pay more taxes than straight people, so therefore they have been helping to support YOUR children.
OK… if Florida gives same-sex marriage the go then shouldn’t they recognize common law marriages too? I have been with my boyfriend for 14 years but I can’t get the same benefits. What is fair for one should be fair for ALL. I don’t see anyone saying anything about this issue. Don’t tell me it’s different… same-sex and hetero couples are in the same situation but only same-sex is getting attention. If they pass this then they should recognize common law.
The Florida constitutional amendment banning same sex marriage should have never made it onto the ballot in the first place.
The Federal courts, all the way to the SCOTUS have now told Florida that it should never have been allowed on the ballot.
So this entire issue can be blamed on Florida officials that allowed the people to vote on the ban.
No different than if senior citizens rallied to get a measure on the ballot to ban all people below the age of 50 from living in Florida.
United we Stand…. Divided we Fall.
Gays—– Straight
Democrats —Republicans
Blacks–Whites
abortions –right to life
rich —poor
Christians –Muslims
lawless—law abiding
Americans–Anti-Americans
The big picture is this folks… anything that can cause division is what the media thrives on.. for America to fall we must first be divided on every level possible, We must be divided enough to say ” I will not stand with them because they are ??? (not like you).
Keep getting caught up in the media games and soon you will see the crumbling begin.
May GOD’s mercy continue on America , a nation once founded and established on sound doctrine and with men who had backbones.
@bigjohn
If you read your bible you will see that “love your neighbor as thyself” means that you are supposed to rubuke your neighbor so that they won’t end up in hell.
Just because government approved this abomination, GOD didn’t, the Bible still holds the truth & laws, so who ever in government helped approve this will also pay & I don’t have to except it nor do I have to attend any worship services with them & no one will ever have to marry them if they choose not to, they’ll come to find out their wrong, hopefully it won’t be too late. I could go on & on but I won’t.
Two men or two women do not equal a man + woman. It will never be equal. Our biology and physiology are different and complimentary whether you believe in God or not.
If liberals keep changing the meaning of what words mean such as gay, equality, and marriage, someday we will get to a point where we can no longer communicate with each other.
I could have supported homosexuals in wanting equal treatment under tax laws and every person should be able to dictate who can visit them in the hospital. But we should be working to change those laws, not changing the meaning of a long understood definition by religious and non-religious alike.
Some claim that Christians are pushing their religion on others. The fact is we are all pushing morals on each other, we are just arguing about whose morals we will follow. Think about it, if there is no God then why is it immoral for me to steal from you, lie to you, or even kill you? Why, because you think it’s wrong. So what. Morality is only what we agree is moral. At one time most Americans agreed on the morals defined in the Bible. Sadly, that is no longer the case.
The point is money. If you can get recognized by the state as a married couple, you can adopt children. The more children you can adopt, the bigger & fatter the monthly checks from the government will be, to the point where neither “parent” will have to work at all. Also, think of the income tax break joint filers get, esp with dependents. Other benefits, like insurance, etc., that couples get are involved as well.
Gays could care less about the religious implications or bonds, this is a business move to them. Wake up & smell the sham, us taxpayers are gonna be footing the bill.
It’s not about me or about you. It is about God.
He gets to make the rules cause He made you
and all the worlds. He is God and we are not!
The Truth is the Truth whether you believe it or not.
Your belief or lack of belief only affects YOUR destiny.
Stop looking for perfection in mankind-it only existed
in the God-man Jesus Christ! In him you will find no fault!
Civil rights , equality , and freedom to enter into a contract as an adult, Liberty for all . I am pleased that Florida has included all citizens in the pleasures and happiness that marriage brings. This is indeed a good day.
i just wonder how many Christians sit next to known adulterers every Sunday morning and don’t have the same abhorance as they do for unnatural sexual relations or abortion. The problem is not with those already condemned. The problem is with the Church at large, which includes you and me, which is in the habit of ignoring some sins and rallying against others. God does not tolerate this without judgment. The cultural degradation in this nation IS God’s judgment and until the Church, including you and me, repents, then expect more of the same.
It’s about time gay people will reap some of the benefits of the system they’ve disproportionately paid into over the years. I’m guessing now Alabama and Mississippi will be the two last states to be dragged kicking and screaming into the 21st century.
Any Attorney General, Judge, or Justice of the SCOTUS who would oppose Gay Marriage … at this point … must either have their head in the sand, or not really possess a superior sense of fairness and justice. It is so unfortunate that those who consider themselves to be worthy of judicial authority over millions of people … will fight to deny others the same rights and privileges they allow themselves … and then do this in the name of morality. It reveals an ugly, arrogant, and hateful abuse of power and authority … which clearly distinguishes average minds with low ethics … from great and magnanimous minds who genuinely seek justice and fairness for ALL.
In a constitutional democracy, a majority vote cannot be used to deny minorities, even if they or their actions are unpopular, fundamental rights especially when allowing those rights barely infringes upon the majority. States that have same sex marriage have barely felt a change across the whole state and the operations of daily life, but lives of the LGBT community have gotten much better.
Being given rights to see that your partner is being taken care of properly when they are ill, being able to get health care and other benefits thru your spouse, being able to inherit without being taxed, being able to jointly adopt children, being eligible for Social Security benefits thru your spouse with 10 years partnership, et.al. are huge improvements in their security and comfort.
This was all summed up over 3000 years ago:
Why do the nations rage
and the peoples plot in vain?
The kings of the earth set themselves,
and the rulers take counsel together,
against the Lord and against his Anointed, saying,
“Let us burst their bonds apart
and cast away their cords from us.”
He who sits in the heavens laughs;
the Lord holds them in derision.
(Psalm 2:1-4)
Merry Christmas! Jesus lives!
Out of 19.5 million voters in Florida, 4.9 million voted yes for SS# 741,212. I guess that leaves about 15 million who voted no on SS# 741.212 or didn’t feel it was important enough to even vote on the matter. Rough numbers should show 6 million voters out of 19.5 voters even voted– so it’s not “we the people have spoken”– but it is sad that so many people don’t even vote, or know what they are voting on. Our Fla. A.G. is so concerned about the “family” but has been married several times. Do we pull her into the public square and stone her for remarrying as it says to do in the Old Testament for adultery? I know a number of GLTG people and what they do is of little or no concern to me. Some have children and are loving and caring (more so than some other people I know who beat their children).
On the subject of same sex marriage – Think!!! – What Would Jesus Do? Remember Rule #2 is “love your neighbor as your self”.
Its not about religion, its about gays being sick people that are trying to push themselves on the public.
Honest Politician? ….. Isn’t that an OxyMoron?
Re: @mae ~ This isn’t necessarily an issue of religion. Many people view homosexuality as un-natural and offensive. BTW, true Christians, those who are trying to live lives according to scriptures, do not base their lives on personal opinion, but on God’s word and guidance. We don’t hate homosexuals, we abhor homosexuality as against God’s word.
Bugsy- I agree… We (the people of Florida) voted to not allow same-sex marriage. That’s what the courts need to look at. The people spoke. The government/courts are saying “We don’t care what the people say”. Why do we vote for anything when the government officials aren’t going to listen? Tired of government doing what the heck they want. There are NO HONEST POLITICIANS!
Kevin, perhaps you are not aware that this was a citizen initiative for a Constitutional Amendment that just passed in the general election here in Florida.
The will of the people was being challenged by those who oppose it.
Why should the state government spend our tax money to suppress a constitutional amendment that we voted to approve?
This is not a religious issue, it is a civil rights issue.
@Mae,
I am not homosexual, but that is a very typical, closed-minded Christian view, “Anyone who doesn’t agree with my choices in life is wrong.” Unfortunately, Christianity feels the need to impose itself on everyone.
The choices that people make in their own lives are none of anyone else’s concern.
Mae, I too feel exactly like you. This is NOT a happy day for ALL FL residents. Mr. Tilley, where do you get off speaking for me. You are mistaken. Why in the world did we vote on this if you are going to do what you want with the same sex marriage? My heart is deeply sadden to what our world & society are becoming. People have twisted the TRUTH so much and only taken bits & pieces of the Bible they like & ignore what they don’t like. As a Christian, I’m ready for The Lord to come take this world back from Satan. I will continue to put my hope & trust in The Lord. I know so many of you are lost & going to blast Mae & myself for our religious beliefs. That’s ok by me! Many Christians have suffered persecution from those of the world for our beliefs. You are entitled to yours. I just choose not to bash you for it. I will pray for you. I know that one day, EVERY knee will bow & EVERY tongue confess that JESUS is LORD! For some of you, it will be too late. That too saddens my heart.
So much for the voice of the people. This may seem a victory to a few, but in a much larger scale it is a defeat to the Florida voters. I am certain that over time, Florida voters would have voted to allow same sex marriages. All that we have done here is bypass our democratic system and went against the will of the people forcing a law they did not want. Regardless of the issue at hand, this is a slap in the face of democracy and a gag placed over the mouth of the voters.
What happened to state rights?
A SAD DAY, are they now going to say that Pastors can not discriminate and have to Perform these ceremonies? the day is coming… God help us!
Now tell the a man he can not have 8 wives or the Man who wants to have a beast he cannot? what is the difference? None? SAD DAY FOR THE NATIVE!
Sorry Mae but as a Christian myself I have to tell you that you don’t speak for all of us. My church would welcome you as well as same-sex couples. Please open your heart as you read the Bible. I will pray that Jesus will put love in your heart.
This country has turned it’s back on God and is on the fast track to hell. Believe what you will, everyone will have to answer for it in the end. May God have mercy on them.
@Mae
Just because you and Pam Bondi don’t like it, doesn’t mean that it’s not unconstitutional to not allow it. Get over yourself and your “christian” ways. If you don’t want to marry a woman, then don’t. How does someone else’s marriage affect you anyway? Oh, that’s right…IT DOESN’T ! Funny how you call yourself a christian and then judge other people’s lifestyle. Hypocrisy at its finest.
It’s always ironic when Christians, a minority in the world’s population, want to impose their religious views on other minorities. Freedom of religion does not mean freedom to demand everyone else follow your religion.
Mae is right, Christians should be outraged, and as a gay man I think that all Christians should fight back by taking their values and morals stance , as Mae points out, all Christians are morally pure in their intent behind their marriages. As many sociologists will tell you and the statistics prove, straight marriages show that the overwhelming near 65% of divorces among heterosexual couples promotes societal wellness, provide children loving and secure homes, and are morally sound because their marriages show a stable commitment to other people in the name of God.
That’s your religion and we don’t have to follow your religion. It’s a great day for Florida and equality!
Great news!
It’s time for this state, which I love, to let go of the puritanical garbage.
Boy, this is really, really sad. Attorney Daniel Tilley stated that “this is a thrilling day for all Florida families”…..ugh, no it’s not!!!! I am a Christian and do not believe that men should marry men, nor women marry women. Mr. Tilley really needs to study the Holy Bible and ask God to speak to his heart and reveal the real truth. I live in Florida and will NEVER say this is a good thing. My hope is in the Lord.