Bulletin

Florida joined 35 other states on Tuesday, Jan. 6, in recognizing and allowing same-sex marriages after the expiration of a stay on a federal judge’s ruling declaring Florida’s 2008 ban on same-sex marriage unconstitutional.

On Aug. 21, 2014, U.S. District Judge Robert Hinkle effectively lifted the ban on same-sex marriage in Florida after finding it unconstitutional on behalf of 10 collective same-sex couples in a case called Brenner v. Scott.

“Some of the other Florida clerk’s offices asked for the ruling to be reviewed,” explained Suwannee County Clerk of Court Barry Baker. This review period put the ruling on a temporary stay until Tuesday.

“The Supreme Court did not review it, so we must comply with the law,” said Baker.

County clerks can now legally issue marriage licenses to same-sex couples, although some Florida clerks are denying courthouse marriages to all couples in a stand against same-sex marriage.

“Our office stopped performing courthouse marriages a long time ago, in December 2013,” said Baker. This practice will not change with the lift on same-sex marriages.

Brenner v. Scott is currently on appeal in the U.S. Court of Appeals for the Eleventh Circuit.

According to the Human Rights Campaign (HRC), the addition of Florida means 70 percent of Americans – 216 million people – now live in states with marriage equality. 

“The overwhelming tidal wave of court rulings over the last year has put America on the cusp of nationwide marriage equality,” said HRC Legal Director Sarah Warbelow. “Committed and loving gay and lesbian couples in Florida are just as deserving of marriage rights as anyone else. It’s time government officials such as Attorney General Bondi and individuals like her across the country stop fighting to uphold discrimination. As long as shameful marriage bans stay in place, real people and real families are harmed.”

“Today is a day for celebration throughout Florida,” said Daniel Tilley, LGBT rights staff attorney for the ACLU of Florida. “Many Florida couples have waited years – in some cases decades – for the chance to marry the person they love and have that marriage recognized by the state they call home. Now that Florida has become the 36th marriage equality state, those couples can finally access the protections and dignity that come with marriage.”

Floridian same-sex couples began marrying early on Monday, Jan. 5, in Miami-Dade County after Circuit Judge Sarah Zabel lifted a stay on her ruling in a case challenging the marriage ban. Elsewhere, marriage licenses were issued as early as midnight on Tuesday night.

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Hamilton County Clerk of Court Greg Godwin

In accordance with the recent clarification of Judge Hinkles’ earlier ruling this year, the Hamilton County Clerk’s Office will begin issuing marriage licenses to same-sex couples. After much collaboration with the Florida Court Clerks & Comptrollers Association, other clerks, and legal counsel, it is clear that to refuse to do so will only incur great legal expense to the county with the end result being the same.

As to performing marriages, though I and some members of my staff are able by law to perform marriage ceremonies, we are not statutorily bound to do so. We exercised the right to not perform marriages even prior to the same-sex marriage issue. I will continue with that personal decision. My office has never held wedding ceremonies as come clerk’s offices do, and we will continue in that policy as well.

If anyone has questions as to how I reached my decision or concerning the counsel I received, I will be more than happy to discuss it. Anyone interested should feel free to contact me in my office at 386-792-1288.

Greg Godwin

Clerk of Circuit Court

Hamilton County 

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Lafayette County Clerk of Court Ricky Lyons

“We will be issuing the licenses to same sex couples to comply with the law. We stopped performing wedding ceremonies in the office last July.”