Miami, Miami, you've got style....
December 20, 2014 7:16 AM   Subscribe

On August 21, a federal judge in Florida ruled that that the state's ban on same sex marriage was unconstitutional, but the ruling was stayed until January 5. Although the state Attorney General appealed the ruling and asked for a further stay, both the 11th circuit, and os of last night the Supreme Court have denied the appeal, and Florida will become the 36th marriage equality state on January 6th. posted by roomthreeseventeen (36 comments total) 10 users marked this as a favorite
 
Suck it, homophobes.
posted by DirtyOldTown at 7:20 AM on December 20, 2014 [12 favorites]


Does it mean anything that only Scalia and Thomas (only 2/9) would have granted the stay?
posted by subversiveasset at 7:24 AM on December 20, 2014


Except, if I read the article correctly, it means couples married elsewhere will have their marriages recognized. It's unclear whether new marriage licenses will be issued. Am I wrong?
posted by wittgenstein at 7:25 AM on December 20, 2014


I'm pretty sure it means that the rest all agree that the appeal on the merits (whether or not Florida's constitutional ban on ssm violates the us constitution) has no chance of upholding the ban. Otherwise they'd do a stay to avoid situations where people can get married and then later can't.

Wittgenstein, that's roughly how I read it, except that one county (where the lawsuit was filed) would be required to issue licences. It feels weird but I don't know Florida procedural stuff and am willing to trust the law firm mentioned.
posted by Lemurrhea at 7:31 AM on December 20, 2014


!
posted by Going To Maine at 7:40 AM on December 20, 2014


Congrats, Florida!
posted by rtha at 7:45 AM on December 20, 2014


Florida man to marry Florida man
posted by Sys Rq at 7:47 AM on December 20, 2014 [38 favorites]


More details:

"Earlier this week, the state clerks association warned its members that they could be risking misdemeanor prosecution under state law if they issue licenses before the appeal is fully settled. It is unclear how many plan to take that advice.

In Kissimmee, Fla., near Orlando, Osceola County Clerk of the Courts Armando Ramirez said Thursday that if the stay was lifted, his courthouse would open at 12:01 a.m. on Jan. 6 to issue marriage licenses and possibly perform services.

State judges in four South Florida counties have also declared the same-sex marriage ban unconstitutional, but those decisions are being appealed by Bondi as well, and no marriage licenses have been issued."
posted by roomthreeseventeen at 7:51 AM on December 20, 2014 [1 favorite]


What's extra interesting is that since the 11th circuit essentially said "Meh, sounds good to us. No point in staying this pending appeal," we can assume they're likely to say the same thing to cases coming from Alabama or Georgia too!
posted by Blue Jello Elf at 8:05 AM on December 20, 2014


Miami Herald: "Also still unresolved: whether clerks in the state’s 67 counties will adhere to the federal court ruling that declared Florida’s gay-marriage ban unconstitutional. The law firm representing the clerks’ association has warned them they could be in violation of Florida law if they issue same-sex marriage licenses before the U.S. Supreme Court settles the issue."
posted by blucevalo at 8:06 AM on December 20, 2014


Woot!
posted by BlueHorse at 8:06 AM on December 20, 2014


I suspect the idea behind Scalia and Thomas willing to grant the stay is that the 11th Circuit hasn't ruled, and a panel of the 6th has upheld a ban, which means we still may have a circuit split. It's notable that in this case, the dissent was recorded, all the other refuses of stays and writs had the court ruling without (listed) dissent.

If either the 11th upholds a ban or an en banc 6th doesn't reverse their upheld ban, then it is a circuit split. That'll have to go to SCOTUS.

The fact that 7 other justices basically said "it's over" and refused to grant the stay, including Roberts, means that it's likely that the bans will be overturned nationwide. It's clear that both Thomas and Scalia want to take up this case, but it seems that nobody else is willing.

The grounds for a stay pending ruling or appeal are pretty strict. There has to be clear harm (in this case, I could see that -- being allowed to marry then having that marriage taken away) and there has to be a significant chance that the people requesting a stay will prevail in court. That 7-2 refusal is the clearest evidence I've seen that SCOTUS will overturn bans if they have to rule on the matter.
posted by eriko at 8:16 AM on December 20, 2014 [4 favorites]


\o/
posted by feckless fecal fear mongering at 8:26 AM on December 20, 2014 [1 favorite]


Today also happens to be the first anniversary of Kitchen v. Herbert, the Utah same-sex-marriage case that set this wave of court decisions in motion. A year ago it seemed so unlikely that we'd be in the position we are today, with federal judges practically tripping over themselves to rule against states' anti-ssm laws.

What a great way to end 2014!
posted by sbutler at 8:33 AM on December 20, 2014 [12 favorites]


Slippery slope! Next the boa constrictors will be marrying the alligators! And the giant snails! Anarchy! Sodom and Gomorrah! Babylon!
posted by ian1977 at 8:59 AM on December 20, 2014 [4 favorites]


I just had to check Wikipedia to make sure Anita Bryant was still alive to see this.

She is!!!

This is sweeter than Florida orange juice!
posted by darkstar at 9:11 AM on December 20, 2014 [31 favorites]


I don't know why this is the reaction I'm having, but 36 is way more than half, and that floors me.
posted by mudpuppie at 9:18 AM on December 20, 2014 [9 favorites]


You know what's the best schadenfreude?

If the people and/or legislatures of those states hadn't passed anti-SSM laws and amendments, SSM proponents in those states would face the challenge of arguing that the 14th Amendment actively requires SSM even though the relevant statutes don't mention it. Instead, all they have to show is that the anti-SSM law is an unconstitutional exercise of animus against homosexuals. So... thanks, bigots!
posted by ROU_Xenophobe at 9:26 AM on December 20, 2014 [48 favorites]


We'll be having a referendum here in Ireland on it next year. Looking good to get passed.
posted by GallonOfAlan at 9:30 AM on December 20, 2014 [5 favorites]


Just in time for Epiphany!
posted by lesbiassparrow at 10:13 AM on December 20, 2014


Eat shit, Bondi!
posted by Gymnopedist at 10:52 AM on December 20, 2014 [1 favorite]


A+ title, A+ news. Time for another slideshow of happy newlyweds to make me cry.
posted by tchemgrrl at 11:28 AM on December 20, 2014 [1 favorite]


This is great. My daughter in law and her wife have been hanging on this decision. I knew we could do it.
posted by Splunge at 12:24 PM on December 20, 2014 [4 favorites]


Love marches on. Hurray!
posted by Joey Michaels at 12:30 PM on December 20, 2014


Heh,heh,heh. Just in time for a rousing Happy Saturnalia.
posted by notreally at 2:02 PM on December 20, 2014 [1 favorite]


\o/
posted by PROD_TPSL at 2:05 PM on December 20, 2014


Dark star: as a wise man once sung, Fuck Anita Bryant.
posted by jonmc at 2:24 PM on December 20, 2014 [2 favorites]


I was born in the early 80s.

I had to Google who Anita Bryant was.

But I know who Harvey Milk was.

It's getting better. :)
posted by TheNewWazoo at 2:31 PM on December 20, 2014 [8 favorites]


Is the 6th actually en banc reconsidering their panel decision?
posted by edgeways at 2:59 PM on December 20, 2014


Hey, I'm an ordained minister in Tallahassee. Just, you know, putting that out there if anyone needs an officiant.
posted by Cookiebastard at 4:04 PM on December 20, 2014 [4 favorites]


Monroe County Clerk Amy Heavilin has said she wants to be the first clerk in Florida to marry a gay couple, according to spokesman Ron Saunders.

Broward Clerk Howard Forman has said his Fort Lauderdale office is ready to go. “There’s a lot of pent-up demand,” he said.
County Clerks are the new Librarians when it come to civil servant heroes.
posted by MiltonRandKalman at 4:19 PM on December 20, 2014


:) :) :) :) :) :) :)
posted by joycehealy at 6:33 PM on December 20, 2014 [1 favorite]


I don't know why this is the reaction I'm having, but 36 is way more than half, and that floors me.

Check out the colour-coded map of the U.S. that's in the gay marriage entry on Wikipedia! The blue areas are closing in on the other areas.
posted by orange swan at 6:40 PM on December 20, 2014 [2 favorites]


Romer v Evans was in 1996. Lawrence v Texas was in 2003. It's time.

This makes me a bit weepy.
posted by anotherpanacea at 6:44 PM on December 20, 2014


Props for the subtle but very appropriate Golden Girls reference in the thread title!
posted by Asparagirl at 10:18 PM on December 20, 2014 [2 favorites]


Great FPP and the best post title ever.
posted by _Mona_ at 9:07 PM on December 21, 2014


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