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admin | Category: Sex Crime Offender | 27.08.2013
Equality Florida and the National Center for Lesbian Rights (NCLR) issued a joint memo to Florida county court clerks Wednesday, advising them of their legal obligation under a federal ruling that struck down the state’s ban on same-sex marriage. The majority of clerks who responded to an Associated Press inquiry this week said they wouldn’t offer marriage licenses to same-sex couples without further clarification from the judge on whether his ruling applies beyond Washington County. By its terms, paragraph 4 [of the preliminary injunction] binds two Florida officials with statewide jurisdiction — the Secretary of the Department of Management Services and the Surgeon General — and “their officers, agents, servants, employees, and attorneys — and others in active concert or participation with any of them — who receive actual notice of [the] injunction by personal service or otherwise.” The Attorney General of Florida is an attorney of record for the Secretary and Surgeon General in these actions.
Florida county court clerks should follow Judge Hinkle’s ruling and issue marriage licenses to same-sex couples beginning January 6, 2015. 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.
As a Jacksonville Estate Planning Lawyer, I learned that Florida did not recognize common law marriages. Then I began to think that with the number of people who separate and never get divorced, there must be some estate plans had the potential for disruption because of an unreported common law marriage. If you were married through common law and now live in Florida It is important for you to have a Valid Florida Will that represents your wishes, if you are sepearted from your spouse and married either under the common law or by the state, you need to evaluate your Florida Estate Plan to make sure you assets are distributed as you desire. Florida has some unique benefits for the spouse, if you were married under the common law and not divorced in a court, and your spouse died in Florida, you are probably entitled to some or all of your spouses assets.
The hearings come as gay marriage supporters have piled up legal victories in federal courts across the country this year, nullifying bans in more than a dozen states. The same day as the Chicago court ruled, 15 states that allow gay marriage and 17 that don't asked the U.S. The pro-gay marriage rulings have used the rationale the nation's high court used in June 2013 when it invalidated the core of the Defense of Marriage Act that defined marriage as only between a man and a woman for determining federal benefits.


Supporters of the bans in the three states before the 9th Circuit argue that state governments have an interest in promoting marriage between a man and a woman, which they say is optimal for childrearing.
Opponents say there is no data supporting the childrearing contention and they argue that the marriage prohibitions are unconstitutional violations of equal protection rights. The case for gay marriage was bolstered when the court earlier this week unveiled the names of the three judges assigned to decide the issue in those three states. Nevada's defense of the ban has been taken up by a private organization called the Coalition for the Protection of Marriage. And in Hawaii, attorneys representing the Hawaii Family Forum, which opposes gay marriage, are asking the court to keep alive the forum's legal case even though state lawmakers legalized same-sex marriage in December.
Florida clerks can start issuing marriage licenses to gay couples in January — but if they do, they could risk arrest and jail time. Marriage is supposed to start in Florida on January 6th, but that doesn’t mean it will. In the mean time, a judge in Florida has granted the state’s first divorce request from a lesbian couple. And finally, with all this marriage stuff going on, you might think that the National Organization for Marriage might want to get involved somehow. Circuit Court of Appeals - all appointed by Democrats and two of whom joined in the civil rights ruling this year - are set to hear arguments Monday on gay marriage bans in Idaho, Nevada and Hawaii. Same-sex marriage opponents, however, scored a legal victory last week when a federal judge in Louisiana upheld that state's ban. The Church of Jesus Christ of Latter-day Saints, in a statement Friday, said it joined a friend-of-the-court brief asking the high court to hear Utah's marriage case.


Lambda Legal says lawsuits are pending in most other states and Puerto Rico to invalidate same-sex marriage bans. Back in August, a federal judge ruled against the state’s marriage ban, and after months of waiting, his ruling is scheduled to finally go into effect on January 6. Brian Sandoval, a Republican seeking re-election this year, said the state would no longer fight a lawsuit seeking to invalidate Nevada's gay marriage band.
Florida Attorney General Pam Bondi asked the US Supreme Court for another delay, but on Friday they said no, the marriages can go ahead.
Supreme Court is planning to consider whether to take up a marriage case from Louisiana at their next conference on January 9th. And anti-gay politicians in Hawaii have asked the state Supreme Court to overturn the state’s marriage equality law. Supreme Court also declined to block same-sex marriages in Florida from moving forward, a rare move considering the appeals court had not yet ruled on the challenge. This is a desperate lawsuit, and they have virtually no chance of stopping marriage at this point, but hey, it’s their life.
Normally, this creates stability in the cornerstone document defining a state or nation, but in this case public sentiment is moving so rapidly (not only in favor of the idea of gay marriage, but in agreement with its legal legitimacy) that the ban is already looking archaic after only six years.The court system is the best and quickest strategy to correct the imbalance between what citizens want now and what they happen to be stuck with from the past.




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