U.S. Judge Hinkle: Florida clerks bound by U.S. Constitution to marry same-sex couples on Tuesday

Jan 1, 2015
Legal
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U.S. District Judge Robert L. Hinkle ruled New Years Day that all Florida clerks are bound by the U.S. Constitution not to enforce Florida’s gay marriage ban and that any couple seeking a license on Tuesday should receive one.

“The preliminary injunction now in effect thus does not require the Clerk to issue licenses to other applicants,” Hinkle wrote in an order released Thursday afternoon. “But as set out in the order that announced issuance of the preliminary injunction, the Constitution requires the Clerk to issue such licenses.”

U.S. Judge Hinkle: Florida clerks bound by U.S. Constitution to marry same-sex couples on Tuesday

Attorney Stephen Rosenthal, SAVE Executive Director Tony Lima and same-sex couple, Carlos Andrade and Christian Ulvert on Aug. 21. CARL JUSTE MIAMI HERALD FILE

Said Howard Simon, executive director of the ACLU of Florida: “This is a New Years Day present from federal Judge Robert Hinkle — he has given Florida the roadmap to an orderly transition to being a state that treats all its people equally.”

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