Nancy K. Brodzki, a family lawyer in Coral Springs, Florida says that she is willing to sue any county clerk in Florida who does not issue marriage licenses to same-sex couples beginning January 6, 2015. That is when Judge Hinkle's stay in the federal marriage equality case expires. And, on Friday, the SCOTUS declined to extend the stay.
However, the county clerks association's attorneys have stated that any clerk to issue marriage licenses to same-sex couples outside of Washington County could be subject to a misdemeanor charge.
From LGBTQ Nation:
Earlier this week, the state clerks association warned its members that they could be risking misdemeanor prosecution under state law if they issue licenses before the appeal is fully settled. It is unclear how many plan to take that advice.
But, plaintiffs' attorneys (the ACLU) say that Judge Hinkle's ruling applies statewide.
“Now that the last-ditch efforts of Governor Scott and Pam Bondi to delay implementation of Judge Hinkle’s ruling have failed, we turn our focus to marriage equality coming to Florida. The nation’s highest court has now given its blessing to marriage going forward in Florida.
“Those who were waiting for the Supreme Court to weigh in have gotten exactly what they asked for. We expect public officials in all of Florida’s 67 counties to understand the significance of this development and look forward to full implementation of Judge Hinkle’s decision across our state.”
And, from
ontopmag.com:
Lawyers representing the plaintiffs have repeatedly said that the ruling applies statewide.
A county that wants to continue enforcing the ban would face a steep incline in federal court after the Supreme Court's decision.
Activists on Friday said that they were prepared to sue each of the state's remaining 66 counties, if necessary.
Attorney Carrington Mead told First Coast News: “I think that if what they want is for each clerk to be sued, then we should accommodate them.”
How many clerks are willing to risk costly litigation to delay issuing marriage licenses to gay couples remains to be seen.
From JMG:
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.
Duval County is where Jacksonville is located.