Bondi: No Marriage Brief To SCOTUS

Via the Sarasota Herald-Tribune:

Although she continues to defend Florida’s ban on same-sex marriages, Attorney General Pam Bondi will not be filing a brief in the U.S. Supreme Court case that is likely to settle the issue of gay marriage in the nation. This week, Bondi told reporters and editors gathered at the Associated Press’ legislative planning session this week that her office has not decided whether to file an amicus — or friend-of-the-court — brief with the U.S. Supreme Court in defense of Florida’s constitutional ban against same sex marriages.We’re holding off on that right now, on the amicus (brief). We’re reviewing that,” she said. But Friday evening, Bondi’s office said the attorney general would not be filing an amicus brief as the nation’s highest court in April hears a group of cases from the 6th U.S. Circuit Court of Appeal that has upheld same-sex marriage bans in Kentucky, Michigan, Ohio and Tennessee. That federal appellate court’s opinion is in conflict with other appellate courts that have held the gay marriage bans are unconstitutional.

Still pending is Florida's appeal to the Eleventh Circuit Court.

FLORIDA: AG Pam Bondi Dodges Questions On Dropping Same-Sex Marriage Appeal

Florida Attorney General Pam Bondi was sworn in to her second term yesterday after which reporters mobbed her on the steps of the state Capitol Building to grill her about the lifting of the ban on same-sex marriage. Bondi twice said she sends her "best wishes" to newly married couples, but dodged questions about dropping her appeal to the Eleventh Circuit Court, merely saying, "We need uniformity."

One reporter asked, "Is gay marriage a loser, politically?" Bondi: "Gay marriage is what 62% of the voters put in our constitution. You heard my oath this morning. It was to uphold the constitution, regardless. I don't look at anything politically. I look at it as doing my job and upholding my office." Bondi ended the interview by appearing to reveal the death of her mother, Patsy Bondi, but I'm not seeing reports of that passing yet. UPDATE: A reader speculates that "I lost my mom" could merely mean that Bondi and her mother had been separated in the crowd.

(Via JMG reader Ed)

FLORIDA: Activists Urge Bondi To Instruct State Agencies On Marriage Rights

The National Center for Lesbian Rights and Equality Florida today issued a joint letter in which they urge Florida Attorney General Pam Bondi to instruct state agencies regarding the rights of married same-sex couples.

Dear Attorney General Bondi: As counsel for the Plaintiffs in Pareto v. Ruvin, we write to request that your office immediately advise all state agencies in Florida that they are required under the orders issued by Judge Zabel on July 25, 2014 and January 5, 2015, and by Judge Hinkle on August 21, 2015 and January 1, 2015 in Brenner v. Scott, to recognize the marriages of same-sex couples. [snip]

As a result of Judge Zabel’s declarations and today’s order lifting the previously entered stay, all agencies of the State of Florida are immediately required to recognize the marriages of same-sex couples entered into in Florida. In addition, because of Judge Hinkle’s preliminary injunction in Brenner, Florida officials must recognize the out-of-state marriages of same-sex couples beginning January 6, 2015.

We urge your office immediately to advise all state agencies of these requirements. We also urge you to issue a public statement making clear that, as of today, the State of Florida will recognize for all purposes the marriages of same-sex couples. Because of urgent circumstances facing same-sex couples in Florida who are expecting babies just days from now, we particularly request that your office instruct the Florida Bureau of Vital Statistics to inform health care facilities that, if a child is born to married same-sex parents, both parents are entitled to be listed on the child’s birth certificate. This is a matter of extreme urgency and constitutional imperative, and we urge your office to act expeditiously on this matter.

If anybody runs into any problems, I'd advise contacting Equality Florida at once.

FLORIDA: Pam Bondi Concedes Defeat

Via the Miami Herald:

Florida Attorney General Pam Bondi, a Republican who vigorously fought to defend the state's same-sex marriage ban against a barrage of legal challenges, on Monday conceded defeat. "The judge has ruled, and we wish these couples the best,'' said Bondi spokesman Whitney Ray in a statement. For the last several months, Bondi sought extensions of the stay from the U.S. 11th Circuit Court of Appeals and the U.S. Supreme Court, but both turned her down. A day before a gay-marriage ban that has been ruled unconstitutional is lifted in the rest of the state, Miami-Dade County became the first place in Florida to allow same-sex couples to marry on Monday when a judge lifted the stay there. Ray said there has been no decision as to whether Bondi will continue to pursue the appeal before the 11th Circuit.

There may be no "official" decision on dropping the appeal, but legal insiders have been expecting as much for the several days since Bondi's office notified the Eleventh Circuit Court that they would not be issuing a response brief to the plaintiffs' most recent filing. Keep in mind, however, that we've also seen "surrender" fake-outs from the likes of Idaho Gov. Butch Otter.

Bonus sadz from John Stemberger: "There could be an appeal to the 11th Circuit but I'm not sure how successful that would be given the fact that they've kicked it back once. She's done her job, and that's all we could ask of her, and she's done it well."

FLORIDA: Liberty Counsel Claims "Victory" In Ruling By Federal Judge Robert Hinkle

Via press release from the Liberty Counsel:

In a highly anticipated ruling to clarify an August preliminary injunction in the federal case Brenner v. Scott, the district judge agreed with Liberty Counsel that the injunction does not require Florida clerks of court outside Washington County to issue marriage licenses to same-sex couples on January 6. Indeed, the new order clarifies that the injunction is limited to the plaintiffs in the case, expressly holding, “The preliminary injunction now in effect thus does not require the [Washington County] Clerk to issue licenses to other applicants.” The Washington Clerk had requested the clarification last week.

The Washington Clerk’s request elicited several responses from the case parties and others, including activists who were willing to say anything to cajole Judge Hinkle into expanding the injunction statewide. “But in the sea of filings, only Liberty Counsel got it right,” said Horatio Mihet, Liberty Counsel's Vice President of Legal Affairs & Chief Litigation Counsel.

Nearly all media outlets, from the Orlando Sentinel to Yahoo.com, are grossly mischaracterizing the effect of the ruling, reporting the exact opposite of what Judge Hinkle’s order requires. The error is likely the result of the order's condescending lecture to clerks on why they should bow to the August injunction even though they are not bound by it. Judge Hinkle’s lecture, however, has no force of law, and only invites lawlessness throughout the state.

“The duties of a Florida clerk of court are ministerial, which means they have no discretion to pick and choose which laws to follow,” said Roger Gannam, Liberty Counsel’s Senior Litigation Counsel. “Until a court with proper jurisdiction rules otherwise, Florida clerks are bound by Florida’s marriage laws, which memorialize in its Constitution the historic, natural definition of marriage as the union of one man and one woman,” he added.

Last month the Liberty Counsel declared that it will provide free legal defense to any clerk that refuses to issue same-sex marriage licenses. The Liberty Counsel is based in Orlando.

FLORIDA: Attorney General Pam Bondi Reacts To Ruling In Typical Fashion

"This office has sought to minimize confusion and uncertainty, and we are glad the Court has provided additional guidance. My office will not stand in the way as clerks of court determine how to proceed." - Florida Attorney General Pam Bondi, is a statement issued tonight in reaction to the ruling issued today by federal Judge Robert Hinkle.

Bondi's statement is drawing fire:

"She’s saying look, ‘Judge Hinkle did not tell the clerks that they are required to issue marriage licenses to same-sex couples, however, he told them that they may issue marriage licenses’ and she’s not going to stand in their way of whatever independent decisions they may make,” said David Weinstein, a former assistant Miami-Dade state attorney and assistant U.S. attorney, now in private practice and not involved in the case. [ACLU of FL head Howard] Simon’s response to Bondi: “She is not serving the state of Florida and causing precisely the kind of chaos that this judge has tried to prevent with today’s order. This is the low point in a the performance of an attorney general. Her willful misreading of Hinkle’s order is creating confusion.”

The legal association for Florida's county clerks, which started this entire mess, has retracted their earlier warning.

“Judge Hinkle’s order states that any clerk refusing to issue a license could be subject to civil damages and liability for the plaintiffs’ fees and costs,” Bass said. “Greenberg Traurig has advised the Florida Association of Court Clerks and Comptrollers that clerks should follow the judge’s ruling for all marriage-license applications or face the consequences identified by Judge Hinkle.” Broward County Clerk Howard Forman said his office will meet first thing Friday morning “to implement the order.” “It was pretty plain,” Forman said about Hinkle’s ruling, adding that the Broward Clerk’s office will announce Friday whether it will open at 12:01 a.m. Tuesday to issue marriage licenses in Fort Lauderdale.

BREAKING: Florida AG Pam Bondi Punts On Demand For Ruling Clarification, Says Judge Should Decide Scope Of Order

Florida Attorney General Pam Bondi has just filed.

Pursuant to this Court’s December 24, 2014, order requiring a response, the Secretary of the Florida Department of Management Services (the “DMS Secretary”) responds to the Washington County Clerk of Court’s Emergency Motion for Clarification, DE 99. This Court is best situated to determine the reach of its own order. If the Court intends for paragraph 4 to bind a Florida clerk of court (or all Florida clerks of court), additional specificity may be appropriate to place any such clerk on proper notice.

I'll post more analysis here as it becomes available.

UPDATE: Bondi has issued a press release:

Pursuant to an order from the U.S. District Court for the Northern District of Florida, the Attorney General’s Office today filed the attached response to the Washington County Clerk of Court’s Emergency Motion for Clarification. The widespread confusion that now exists, as evidenced by multiple media reports, is precisely what the Attorney General’s Office sought to avoid while seeking a stay pending final resolution in favor of either side of the issue. As stated in the response filed today, if the federal court intended the injunction to have effects beyond those that appear on its face, the court may wish to provide appropriate clarification.

UPDATE II: From the Fort Lauderdale Sun-Sentinel:

Just two hours before a midnight deadline, the state obeyed a federal judge's order to clarify Florida county clerks' role in issuing same-sex marriage licenses — by asking the judge to clarify it himself. Last Wednesday, federal judge Robert Hinkle ordered Chad Poppell, Florida's Secretary of the Department of Management Services, to explain by the end of the day Monday whether Florida's county clerks could issue the licenses. Bondi's response then went on to argue that county clerks are not agents of the Secretary or the Surgeon General, but are instead "independent constitutional officers." The response ended by reiterating "the Court may wish to provide appropriate clarification." Hinkle's order also allowed the state Surgeon General and lawyers for the same-sex couples who are plaintiffs in the case to file responses to Bell's request for clarification. Lawyers for the plaintiffs did file a response, in which they argued that all the state's county clerks "are agents or at least in active concert with defendant [Surgeon General John Armstrong]," because they obtain their marriage licenses through the state Department of Health, which is overseen by Armstrong.

Matt Baume: Marriage News Watch

Editorial Of The Day

From the Fort Lauderdale Sun-Sentinel:

It's hard to imagine that any state attorney would waste time prosecuting a clerk over a marriage license. By nature, these folks want to win, and given the preponderance of court rulings about the discriminatory ban, it's a good bet they wouldn't. Already, the state attorneys in Palm Beach and Monroe counties have made clear they won't be making any such arrests. We encourage other state attorneys to do the same. Sure, the 11th U.S. Circuit Court of Appeals and the Supreme Court have yet to hear Bondi's appeal of the substance of Hinkle's ruling. But neither court has agreed to extend Hinkle's stay past Jan. 6, an indication of which way these constitutional minds are thinking. Scott and Bondi can tell their supporters they've fought the good fight. But their argument — that 62 percent of Florida voters supported the amendment, that marriage is meant to produce children, and that allowing same-sex marriage would "impose significant public harm" — is failing to pass constitutional muster. Scott has said he doesn't support discrimination. And Bondi has conceded that "the Supreme Court has now spoken, and the stay will end on Jan. 5." It's time for them to give up this fight. It's past time.

The state has until the end of the day to respond to the Washington County clerk's request for clarification on whether she can only marry the plaintiffs in the federal suit that resulted in the overturn of Florida's ban.

Tampa Bay Times Names "Modern Day Anita Bryant" Pam Bondi "Loser Of 2014"

From the Tampa Bay Times:

Loser of 2014: Pam Bondi. It's hard to imagine how someone who won re-election so handily (rival George Sheldon could not afford a single TV ad) could emerge from 2014 more wounded and diminished as our Republican attorney general. Put aside the unseemly junkets funded by groups seeking to influence her. Bondi's clumsy communication skills and relentless defense of Florida's gay marriage ban have made her a modern-day Anita Bryant. Antagonizing Florida's gay voters over same-sex marriage and Hispanic voters over immigration reform ensures Bondi has a bright political future ahead of her — if she moves to Mississippi.

BOOM. (Tipped by JMG reader Joel)

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.

Matt Baume: Marriage News Watch

Clip recap: "Florida clerks can start issuing marriage licenses to gay couples in January -- but if they do, they could risk arrest and jail time. An anti-gay group in Hawaii is still trying -- and failing -- to stop marriages. And things are still looking bad for the National Organization for Marriage."

FLORIDA: Some County Clerks Dig In Their Heels On Issuing Marriage Licenses

From the above-linked article:

For the counties that comprise the 4th Judicial Circuit, there will be no policy change Jan. 6. Duval County Clerk of Court Ronnie Fussell was not available for comment, but his office issued a statement saying it would not issue same-sex marriage licenses “until a binding order is issued by a court of proper jurisdiction.” Justin Horan, general counsel for the Clay County clerk of court, said the office will abide by the position endorsed by the state association. He said it will be “business as usual” on Jan. 6. The Nassau County clerk’s office also will be following the advice from the association, with no change in policy until a binding order is issued from a proper jurisdiction or Florida amends its constitution, said spokeswoman Liz Rodriguez. “It’s our responsibility to follow the law. We will not be issuing licenses for same-sex couples,” she said.

Florida's 67 counties are divided into 20 judicial circuits, some of which comprise up to six counties each.

Pam Bondi Has The Florida Sadz

"Tonight, the United States Supreme Court denied the State’s request for a stay in the case before the 11th Circuit Court of Appeals. Regardless of the ruling it has always been our goal to have uniformity throughout Florida until the final resolution of the numerous challenges to the voter-approved constitutional amendment on marriage. Nonetheless, the Supreme Court has now spoken, and the stay will end on Jan. 5." - Florida Attorney General Pam Bondi, via press release.

FLORIDA: ACLU Files SCOTUS Response To Pam Bondi's Stay Extension Demand

From the ACLU Of Florida:

The American Civil Liberties Union filed a response at the United States Supreme Court today stating that the Court should reject Florida’s request for further extension of the stay placed on a federal court’s decision that struck down Florida’s ban on allowing and recognizing the marriages of same-sex couples. The response argued that Florida families suffer harms every day the ban remains in place.

“Governor Scott, his appointees, and Attorney General Pam Bondi’s efforts to delay the implementation of the order striking down the marriage ban are as senseless as they are incredibly harmful,” stated ACLU of Florida LGBT rights staff attorney Daniel Tilley. “Every day that the couples we represent and the thousands of families across Florida who are also denied the protections of marriage go without those protections, they are suffering real harm, as Judge Hinkle’s order made plainly clear. We are glad to have had the opportunity to explain to our nation’s highest court why it is time to let love win in Florida, and we are hopeful that the Court will reject Governor Scott and Attorney General Bondi’s increasingly-desperate efforts, just as it has refused all requests to stay rulings striking down discriminatory marriage bans since this October.”

Read the response.

FLORIDA: Justice Thomas Calls For Plaintiffs' Response Brief By 5PM Thursday

The plaintiffs in Florida federal marriage equality case have until 5PM on Thursday to respond to Attorney General Pam Bondi's demand for an indefinite stay while the Eleventh Circuit Court considers her appeal. Justices Clarence Thomas and Antonin Scalia both dissented the last two times that SCOTUS rejected stay demands.

HRC Slams Pam Bondi

FLORIDA: County Clerks Legal Group Claims Federal Marriage Equality Ruling Applies In Only One County

As we await the SCOTUS decision on yesterday's marriage stay extension demand by Florida Attorney General Pam Bondi, the legal firm that represents the state's 67 county clerks today declared that the federal ruling that overturned the ban only applies in the county in which it was issued. The firm warns that clerks outside of Washington County risk arrest if they issue any same-sex marriage licenses after (and if) the stay is allowed to expire on January 5th.

Lawyers for the Florida Association of Court Clerks and Comptrollers said in a statement today that Washington County is the only place named in the federal lawsuit. Clerks in all other counties, according to the association, aren’t bound by U.S. District Judge Robert Hinkle’s ruling in August that the gay marriage ban is unconstitutional. In addition, the association said Florida’s same-sex marriage ban enacted by voters in 2008 is unique because clerk employees who issue a marriage license to a gay couple without authorization could face misdemeanor criminal charges. “At this time of uncertainty, the Florida Court Clerks & Comptrollers have been advised by the association to follow the advice of our legal counsel and not issue same-sex marriage licenses until a binding order is issued by a court of proper jurisdiction,” said Kenneth A. Kent, executive director of the clerks association.

Judges in Palm Beach, Broward, Miami-Dade, and Monroe counties have also ruled against Florida's ban on same-sex marriage, but those cases have been put on hold pending the federal appeal now before the Eleventh Circuit Court.

BREAKING: Florida AG Pam Bondi Asks SCOTUS To Extend Marriage Stay

On December 5th the Eleventh Circuit Court denied Bondi's demand for an indefinite stay on same-sex marriages while they consider her appeal. That stay is due to dissolve on January 5th and today Bondi filed the same stay extension demand with SCOTUS. Justice Clarence Thomas has jurisdiction over the Eleventh Circuit.

UPDATE: Here's the demand.

Editorial Of The Day

From the Tampa Bay Times:

A federal appeals court in Atlanta ruled on the right side of history by refusing to extend a ban on gay marriage in Florida. The ruling upholds the dignity of every human being regardless of sexual orientation, and it protects the American right to privacy by limiting the government's reach into everyday life. Attorney General Pam Bondi should embrace these same solid values and quit wasting Florida's money and tarnishing its reputation by continuing to stand in the way. Bondi's spokeswoman said Thursday the office is reviewing the order, but it is time to let this go. The state should have heeded the federal court's call for justice — not challenged it, which only drags out the day until committed couples can get on with their lives. A further appeal of Hinkle's stay would have the warped effect of making the winners in this legal battle the losers. That's gone on long enough. There is no reason to wait for the U.S. Supreme Court, as Bondi has proposed. It remains unclear whether the Supreme Court will act, although it has sent conflicting signals. Bondi should drop the state's appeal and allow Floridians to get on with their lives. The new year should bring a new opportunity for gay couples to enjoy the full freedoms to which all Americans are entitled.