Legal News

Florida Judge Says Clerks Have Legal Duty to Issue Same-Sex Marriage Licenses
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)

legal news

Summary: A judge in the state of Florida has told court clerks that same-sex marriage licenses can be issued. 

The judge in Florida who ruled that the state’s ban on same-sex marriage is unconstitutional has issued a response to those questioning his ruling, according to WESH.


Judge Robert Hinkle said this week that all of the Florida clerks of court who refuse to issue marriage licenses to same-sex couples will violate the U.S. Constitution. The judge noted that those clerks could face lawsuits or other legal issues.

“Reasonable people can debate whether the ruling in this case was correct and who it binds. There should be no debate, however, on the question whether a clerk of court may follow the ruling, even for marriage-license applicants who are not parties to this case,” Judge Hinkle said.

To read more about same-sex marriage in Florida, click here.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!

Hinkle’s response is right in line with an order issued by Judge Timothy R. Shea this week. Judge Shea approved Clerk of Courts Tiffany Moore Russell in Orange County to begin issuing the licenses beginning on January 6.

Pam Bondi, the Florida Attorney General, issued a statement that says her office will not stop clerks from issuing the same-sex marriage licenses.

“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,” Bondi said.

To read more about Florida Attorney General Pam Bondi, click here.

An attorney for Florida Family Action, which filed a lawsuit that asked for an emergency injunction to prevent the issuance of the licenses, issued a statement on Judge Hinkle’s response:

“Judge Hinkle’s ruling is being widely misinterpreted. It clearly says that only the clerk Washington County is required to issue a marriage license and only to the two persons in that case.  Judge Hinkle has no jurisdiction outside of the Northern District of Florida to bind any clerk outside of North Florida. Clerk’s outside of North Florida are required to obey the current law and are still subject to all the penalties of a first-degree misdemeanor for violating it,” said John Stemberger, president and general counsel of the Florida Family Policy Council.

To read more legal news stories, click here.

An attorney representing same-sex couples in Florida, Mary Meeks, said the following:

“The Florida Legal Team is thrilled that Judge Hinkle has emphatically made clear that his prior order holding the same-sex marriage ban unconstitutional requires all Florida clerks to begin issuing marriage licenses to same sex couples beginning January 6.”

Will clerks begin issuing same-sex marriage licenses on January 6 in Florida? Use our poll to share your thoughts.

Will Florida Court Clerks Issue Marriage Licenses Beginning January 6 to Same-Sex Couples?

View Results

Loading ... Loading ...


Interesting Legal Sites You May Like




Search Now

Mid-level Litigation Attorney

USA-CA-San Francisco

San Francisco office is seeking a mid-level litigation attorney with experience taking/defending dep...

Apply Now

Mid-level Litigation Attorney

USA-CA-San Francisco

San Francisco office is seeking a support attorney with some experience/familiarity with a litigatio...

Apply Now

Patent Prosecution Attorney


Northville office of our client seeks patent prosecution attorney with 5 years of experience. The ca...

Apply Now



Wheeling office of our client seeks attorney preferably with 1-3 years of WV litigation experience. ...

Apply Now


Attorney - Insurance Defense


Downtown litigation law firm seeks associate with 3 to 5 years of experience in insurance defense, i...

Apply now

Legal Secretary-Cannabis Law Firm


Vora, PLLC. Is accepting applications for a Legal Secretary or Paralegal. We are a cannabis law firm...

Apply now

Paralegal- Cannabis Law Firm


Vora, PLLC. Is accepting applications for a Paralegal or Legal Secretary. We are a cannabis law...

Apply now

Legal Administrative Assistant


Under the general direction of the supervising attorney(s) and according to established Firm policie...

Apply now


To Top