The NCLR (National Center For Lesbian Rights) and Equality Florida have sent a letter to all sixty-seven county clerks detailing their responsibilities (and requirements) with regard to issuing marriage licenses to same-sex couples. It's getting serious, because in that six-page memorandum letter is the statement that the clerks of court could be held in contempt of court if they do not issue these licenses.
From that memo:
Moreover, since county clerks are "in active concert and participation" with the named parties in Brenner as explained in Section 1 above, clerks who fail to comply with that order may be held in contempt of court.
From
ontopmag.com:
The National Center for Lesbian Rights (NCLR), which represents plaintiffs in similar state challenges, and Equality Florida, the state's largest LGBT rights advocate, said on Wednesday that the ruling applies to all counties and that the “advice provided to the Clerks Association in legal memoranda from a private law firm is incorrect.”
NCLR concluded that “a federal court order is binding not only on the parties to the case, but also on all 'persons who are in active concern or participation with' any of the parties”; “non-party government officials may choose to comply with a federal district court ruling that a law is unconstitutional, even when they are not technically bound by the ruling”; “an unconstitutional law is void and unenforceable”; and “county clerks who follow Judge Hinkle's ruling could not be held criminally liable for doing so because they would not have the required specific criminal intent.”
Meanwhile, forty-six of Florida's sixty-seven county clerks have publicly stated that they will not grant marriage licenses to same-sex couples on January 6.
From LGBTQ Nation:
As of Wednesday, of the 53 clerks who responded to the AP iquiry, 46 said they wouldn’t grant marriage licenses to same-sex couples because they lack legal authority. Six clerks said they hadn’t made up their minds, and 14 clerks did not respond.
Only one clerk outside Washington County, Osceola County’s Armando Ramirez, said he would issue the licenses.
Some of those clerks say they will send same-sex couples to county judges who are also allowed to issue marriage licenses in Florida.
The Washington County clerk has asked Judge Hinkle to clarify the scope of his order for them. And, the state defendants are to respond stating their position on the issue by December 29.