Same-sex marriages start in Florida

A judge in Miami-Dade County ruled clerks there may issue same-sex marriage licenses today just before a statewide ruling allowing gay marriage takes effect. U.S. District Judge Robert Hinckle declared the state’s marriage amendment, which defines marriage as between one man and one woman, unconstitutional in August, but stayed the ruling until midnight Tuesday. On New Year’s Day, he issued a clarification that the ruling applied to all Florida counties, not just those named in the original lawsuit.

With same-sex couples lined up to marry this afternoon, Florida Attorney General Pam Bondi said she plans to continue appealing Hinckle’s ruling. Florida is a member of the 11th U.S. Circuit Court of Appeals, which also includes Alabama and Georgia, where voter-approved marriage amendments still stand. Though the 11th Circuit declined to issue an injunction against Hinckle’s ruling, it has yet to hear full arguments on the marriage issue. The Supreme Court also refused to stop the Hinckle ruling before it takes effect.

Liberty Counsel, a conservative legal group based in the Orlando area, planned to file complaints in several counties today to block clerks from issuing licenses to same-sex couples.

“The fact that some clerks may issue licenses against the law doesn't obviate any of the appeals,” Liberty Counsel attorney Harry Mihet said.