Judge Sarah Zabel lifted her stay this morning on her favorable marriage equality ruling, and same-sex couples in Miami-Dade will be able to get married a half day earlier than the rest of Florida. Judge Zabel was the second state judge to rule Florida's ban(s) on marriages of same-sex couples is unconstitutional. She has also agreed to marry same-sex couples this afternoon in Miami. For the rest of Florida, marriage equality begins at midnight tonight.
From Towleroad:
Judge Sarah Zabel's words -- "I'm lifting the stay" -- brought immediate cheer in the courtroom Monday morning.
With those words, marriage licenses can be issued to same-sex couples in Miami-Dade County right away.
The Miami Herald has the backstory:
In July, a state judge in Miami-Dade, Sarah Zabel, ruled Florida's marriage amendment violated constitutional rights and ordered Miami-Dade to issue marriage licenses to six same-sex couples who had sued to marry. Like Hinkle, she stayed her own ruling to allow for appeals. Florida Attorney General Pam Bondi has vigorously defended Florida's gay-marriage ban, appealing Zabel's ruling, a similar one in Monroe County and others.
From the Miami Herald:
Zabel, an elected judge, ruled in favor of six same-sex couples from Miami-Dade and Broward, and the LGBT-rights group Equality Florida Institute, who sued last Jan. 21. They were the first plaintiffs to challenge Florida’s ban in court.
On Monday, Zabel kept her decision short: “The Clerk of the Court is hereby authorized to issue marriage licenses forthwith to prospective spouses of the same gender,” she wrote.
The NCLR, who provided attorneys for this lawsuit in Maimi-Dade, have released a statement:
"This is a pivotal moment not just for Miami but for the entire country. Florida is a bellwether state, and I can think of no more encouraging sign as the US Supreme Court prepares to decide whether to resolve this issue for the entire country at its next conference on January 9, and as the Fifth Circuit Court of Appeals hears oral arguments in the Texas, Mississippi, and Louisiana marriage cases the same day. This is an incredibly important week for marriage equality, and we are so thrilled that Miami couples are leading the charge." - Shannon Minter, legal director for NCLR, who represented the Miami couples.
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JMG
Update 1:
Here is Judge Zabel's written order lifting the stay compliments of Equality Case Files: