Friday, July 25, 2014

Florida Judge Strikes Down Same-Sex Marriage Ban In Miami Area

The ruling applies to Miami-Dade County and agrees with another ruling issued last week.



William Lee Jones (L) and Aaron Huntsman kiss last week Florida.


Andy Newman / Reuters


The ruling, issued Friday, applies to Miami-Dade County, the Associated Press reports. Circuit Judge Sarah Zabel issued the ruling, which states that "preventing couples from marrying solely on the basis of their sexual orientation serves no governmental interest." Zabel continues,



It serves only to hurt, to discriminate, to deprive same-sex couples and their families of equal dignity, to label and treat them as second-class citizens, and to deem them unworthy of participation in one of the fundamental institutions of our society.



The case was brought to the court by six Florida couples, as well as a civil rights organization. The cities of Miami Beach and Orlando also participated, arguing against the state's ban on same-sex marriages.


The ruling includes an immediate stay, with Zabel mentioning that the ruling is "unlikely to be the 'final word' on the topic of same-sex marriage." Zabel also explains in the ruling that while couples shouldn't be denied the right to marry, confusion could arise if licenses were issued.



Although this Court recognizes that a person should not be denied a fundamental right for even one day, it feels the uncertainty that could arise if same-sex couples were to marry pursuant to an order that is subsequently reversed on appeal warrants a stay.



Last week, Circuit Judge Luis Garcia also ruled that Florida's ban on same-sex marriage discriminated against gay couples. Garcia found that the ban violated the 14th Amendment, which guarantees due process and equal protection under the law.


Garcia's ruling applied only to Monroe County.


Monroe's initial ruling said that couples could start marrying Tuesday, a stay automatically went into place when Florida Attorney General Pam Bondi filed a notice to appeal the decision. Gracia later declined to lift the stay, as did another judge for the 3rd District Court of Appeals in Miami-Dade County.




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