FLORIDA: Broward County Clerk Considers Issuing Licenses As Stay Lapses Without Appeal From Attorney General Pam Bondi

From the Miami Herald:

A deadline to appeal a Broward judge’s ruling in August that the state’s ban on same-sex marriage is unconstitutional passed this week without an appeal from the Florida Attorney General, paving the way for the judge to finalize a divorce for a Lake Worth lesbian seeking to end her 2002 Vermont civil union. The Fort Lauderdale case could also pave the way for same-sex marriages in Broward County.

“Now we know the state isn’t appealing and we will have the first valid same-sex divorce in Florida,” said Coral Springs attorney Nancy Brodzki, who represents art dealer Heather Brassner in her divorce from Megan Lade. A hearing in the case, before Broward Circuit Judge Dale Cohen, is scheduled for 1:30 p.m. Wednesday for the divorce to become final.

“That very much leaves open the question as to whether the clerk of courts, on his own, will take it upon himself to say a judge in this circuit has [declared the ban] invalid and I will now issue marriage licenses to same-sex couples,” Brodzki said. Broward County Clerk Howard Forman said he expects to decide by early next week. “I’m researching it as quickly as I can. We’ve been researching it for months,” Forman said Thursday evening. “Florida’s changing a lot and we’re vetting the issue as hard as we can.”

Notice of appeal was filed yesterday in the case that overturned Florida's ban statewide.

More from Equality Florida:

On August 4, Broward County Judge Cohen ruled Florida's ban on marriage for same-sex couples unconstitutional - and included the state must recognize legal out of state marriages. The judge stayed the ruling allowing for a 30-day appeal period. But as of Thursday, the deadline has passed and no appeal was made to the ruling. The case involved a woman from Lake Worth, Heather Brassner, who was seeking a divorce from her estranged partner. The couple had a civil union in Vermont back in 2002. According to Steve Rothaus of the Miami Herald, a hearing in the case, before Broward Circuit Judge Dale Cohen, is scheduled for 1:30 p.m. Wednesday for the divorce to become final. The Broward County Clerk is contemplating whether or not to start issuing marriage licenses to same-sex couples next week.

RELATED: With 1.7M residents, Broward is Florida's second-most populous county and includes the state's highest concentrations of gay residents in Fort Lauderdale, Wilton Manors, and Oakland Park.