There were no major marriage equality rulings this week.
In Florida, AG Pam Bondi has requested that SCOTUS stay the federal marriage equality ruling pending appeal. Justice Thomas requested a response from the plaintiffs on Thursday, and that filing was made on time. The request was referred to the entire Court and was denied on Friday. Marriage equality takes effect in Florida at the end of the day on January 5, 2015. Also in Florida, a Broward County judge has approved the first same-sex divorce in the state.
Florida's AG Pam Bondi has issued a statement about the SCOTUS denial:
"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."
There may still be some complications with statewide marriage equality in Florida, because attorneys for the county clerks association there say that the ruling (by Judge Hinkle) only applies to one county (Washington County). So, we may have a situation similar to what we have experienced in Kansas. We'll see.
From The Advocate:
Unfortunately, couples who attempt to obtain licenses January 6 may still be turned away. The Florida Association of Clerks and Comptrollers has warned its members that because the state's marriage ban remains on the books and because litigation is still ongoing, issuing licenses to gay and lesbian couples remains a criminal act in Florida. Clerks who issue licenses could face up to a year in jail, the group said.
If a clerk did decide to issue a license, and if a prosecutor decided to then charge them with breaking the law, that clerk would likely be in a good legal position to defend their actions. But such a defense would probably be costly, so they would also need to be in a good financial position to defend themselves. That would require the support of national civil rights groups, like potentially Lambda Legal, the American Civil Liberties Union, or the Human Rights Campaign.
In
Tennessee, the state defendants oppose SCOTUS review in that marriage equality case. They are the only state to oppose SCOTUS review so far.
The First Circuit has finally scheduled briefing in the Puerto Rico marriage equality case. The plaintiffs' opening brief is due on January 26.
The Fourth Circuit has consolidated the South Carolina marriage equality cases and put them on hold.
In Idaho, Governor Otter has petitioned the SCOTUS for certioari for that state's marriage equality case.
In Hawaii, the state Supreme Court heard arguments as to the constitutionality of the marriage equality legislation passed in that state. You can listen to those arguments here.
There were some developments on the world stage as well:
Marriage equality in Scotland took effect on Tuesday morning.
Ireland is scheduled to vote on marriage equality in May of 2015.
The legislative process on marriage equality in Finland has been completed (successfully), and now the bill goes to President Niinisto for his signature.
Note: This is the last "This Week ..." diary for 2014. We may start it back up in 2015 if there are enough folks who desire to do so.