Legal same-sex weddings in Florida could be just 30 days away, after a federal appeals court decision this week that has also implications for Georgia’s ban on gay marriage.
The 11th U.S. Circuit Court of Appeals in Atlanta effectively cleared the way for same-sex marriage in the Sunshine State, at least for now, with its ruling on Wednesday. A lower court in Tallahassee found Florida’s ban on gay marriage unconstitutional in August, but the judge stayed the effect of the decision until Jan. 5, saying that would allow time for appeals to be decided.
Florida Attorney General Pam Bondi had sought to extend the stay past the original Jan. 5 deadline, but a panel of appeals court judges in Atlanta turned her down.
Gay rights advocates in Georgia cheered the decision, saying it was a hopeful portent for their federal lawsuit seeking to overturn the gay marriage ban in Georgia.
“The 11th Circuit’s decision was not only the right decision, it was an indication that Florida’s marriage ban, along with similar discriminatory laws in Alabama and Georgia, is likely to be struck down,” said Beth Littrell, who is one of the Lambda Legal attorneys representing the plaintiffs in the Georgia case.
“I think the overriding consensus from court watchers is that denying the stay is a very encouraging sign that the freedom to marry will extend to same-sex couples throughout the 11th Circuit states, including Georgia. I don’t imagine that message is lost on the federal judges in Alabama and Georgia considering the issue.”
Opponents condemned the decision.
“The court today is wrong,” said John Stemberger, president of the Florida Family Policy Council, in a news release. “The courts will never have the final word on an institution as fundamental to the human experience as marriage. You simply cannot build a civilization without natural marriage.”
The appeals court said Wednesday it will consider the substance of the state’s appeal on an expedited basis.
Appeals court cases are often decided not by the full court of 11 judges but by a subset, or “panel,” of judges. The panel typically consists of three jurists.
“The panel that decided to deny the motion to stay will not necessarily be the same judges deciding the constitutional questions,” Littrell, the Georgia attorney, said. “While this decision certainly bolsters our optimism, we know that the case for equality in the 11th Circuit states is not yet won.”
In the U.S. District Court ruling on Florida’s ban, Judge Robert Hinkle said the state’s law violates the U.S. Constitution’s guarantee of equal protection. Most federal appeals courts have adopted a similar view, except for a recent decision by the 6th U.S. Circuit Court of Appeals in Cincinnati. That ruling upheld the right of four states to decide whether to allow gay marriage. More than half the states allow gay marriage.
Ultimately it will likely take the U.S. Supreme Court to decide the issue nationally, particularly since there is now a split among the circuit courts.
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