Monday, January 05, 2015

More Florida Sadz From John Stemberger

"Our lawyers with Liberty Counsel have asked the judge's office assigned to the Orange County lawsuit for an emergency hearing, so it is possible, but unlikely that any judge at this point would have the courage to do the right thing and rule in our favor to uphold the law. The peer pressure within the bar and judicial circles is quite heavy and few judges have the backbone to do what is legally and morally right on these issues. As C.S. Lewis said, ‘We make men without chests, and expect from them virtue and enterprise.’" - Florida hate group leader John Stemberger, in an email to supporters which apparently fails to mention that his lawsuit against Osceola County has already been smacked down.

Sunshine State News notes that Stemberger is also pessimistic about SCOTUS.
"While it is not clear where Kennedy will come down on this issue, in Windsor, the last major SCOTUS marriage case, he used very hostile and frankly offensive language to describe people who have a traditional or natural view of marriage. But he also took a state's rights position in that case, so it is possible that he could give the SCOTUS a majority vote for upholding Florida's marriage law. A state's rights decision would immediately reinvigorate the authority of Florida's Marriage Amendment. On the other hand, it is also possible Kennedy could find a new right to marry under the Equal Protection Clause, which would result in a Roe vs Wade-like marriage decision, which would block any further changes in the law for decades to come. If SCOTUS did come out with a state's rights ruling then this would create a further confused patchwork of case law and precedent with three categories, legitimate marriages, same sex marriages which are now in question because of the new decision under the newly authoritative marriage amendment and then same sex couples who want to be married and now cannot. But this is precisely the type of confusion the left wants."

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Wednesday, December 31, 2014

FLORIDA: State Judge Orders Orange County Clerk To Issue Marriage Licenses

Via the Orlando Sentinel:
A judge today cleared the way for Orange County Clerk Tiffany Moore Russell [photo] to issue marriage licenses next week to same-sex couples. That ruling, by Circuit Judge Tim Shea, appears to mean that gay and lesbian couples will be able to get married at the Orange County courthouse on Jan. 6, the first day that becomes legal under a landmark federal ruling in Tallahassee. Moore Russell had filed suit yesterday in the courthouse where she works, asking a judge to give her instructions on what to do. A Tallahassee federal judge has declared the state's ban on same-sex marriage unconstitutional and ordered his ruling implemented Jan. 6. But the Florida Association of Court Clerks and Comptrollers two weeks ago told its members statewide not to issue the licenses, and Moore Russell said at the time that she would follow that advice. Behind the scenes, though, she was working on the problem. Yesterday she filed a petition, asking Shea to clarify what she should do. Today he issued an order, telling her that if she issues marriage licenses to same-sex couples, she would not be breaking the law or violating her oath of office.
In a separate action, two Orlando same-sex couples yesterday filed suit in state district court, asking that Russell be required to issue them marriage licenses. According to the above-linked report, Russell is not opposing their suit and actually helped them with the filing by issuing them a formal denial letter, which was the required "ammunition" to file their complaint.

Russell, a Democrat, was just elected last month.
RELATED: Last week state attorney John Ashton declared that he would not charge either of the two county clerks under his jurisdiction if they issue same-sex marriage licenses. Ashton oversees Osceola County, whose clerk, so far, is the only one that has vowed to issue licenses to all same-sex couples. Ashton also oversees Orange County.

UPDATE: Russell has issued a statement.
“I thank the Court for providing clarity on this issue. I specifically want to thank Judge Shea for his guidance in this matter. Since the question of issuing same-sex marriage licenses was first directed at Clerks, my office has consistently stated that we would continue to seek judicial clarification. That is why we filed this emergency petition and we are grateful for the clear direction it provides as we move closer to January 6.”

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Tuesday, December 23, 2014

FLORIDA: State Attorney Won't Charge Clerks In Orange & Osceola Counties

Via the Orlando Sentinel:
In a move that could clear the way for same-sex couples to get married in Orange and Osceola counties in two weeks, State Attorney Jeff Ashton on Tuesday announced that he will not prosecute court clerks if they issue marriage licenses to gay and lesbian couples on Jan. 6 or after. The threat of prosecution had appeared to be the last major obstacle to same-sex couples getting married here. But a spokesman for Orange County Clerk Tiffany Moore Russell said that Ashton's decision has not changed her position. She still has no plans to issue marriage licenses to same-sex couples. Over the past two weeks, Osceola County Clerk Armando Ramirez has equivocated, at times saying that, yes, he would issue marriage licenses to same-sex couples on Jan. 6 and at others that he would not. On Tuesday afternoon he said Ashton's decision took the pressure off him. "Then I think because of that, there is no reason not to proceed issuing marriage licenses one minute after midnight Jan. 6," Ramirez said.
Florida has 20 judicial circuit districts and Ashton in the prosecutor for the Ninth Circuit. If his name seems familiar, that's probably because he was the co-prosecutor in the case of Casey Anthony, the Orlando woman whose trial for murdering her daughter became a social media sensation.

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ORLANDO: Mayor Buddy Dyer To Officiate Mass Gay Wedding At City Hill

But there's a big catch. Via the Orlando Sentinel:
Orlando Mayor Buddy Dyer has agreed to officiate at a big same-sex wedding at City Hall on Jan. 6, the first day a federal judge has cleared gay and lesbian couples to lawfully get married in Florida, according to a local business association. According to the association, the City Hall event is scheduled for 9 a.m., but Dyer's office said the timing would depend on if and when the Orange County Clerk's office grants the marriage licenses. Couples in Florida must find a Florida clerk to grant them the licenses. Orange County Clerk Tiffany Moore Russell and others have said they won't, following the advice of a Tallahassee law firm that warned last week that they could be arrested and charged with a misdemeanor if they do. A spokesman for Moore Russell on Monday said she was still studying the issue.

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