Historic City News has learned that a federal appeals court rejected Attorney General Pam Bondi’s request to extend Florida’s ban on gay marriage — possibly setting the stage for same-sex marriages to start in January.
In August, US District Judge Robert Hinkle ruled that the voter-approved ban was unconstitutional. He did, however, enter a stay on his decision to allow time for appeals. That stay is scheduled to expire tomorrow.
“The stay entered by Judge Hinkle expires at the end of the day on January 5, 2015,” a three-judge panel of the 11th US Circuit Court of Appeals ruled yesterday; turning down Bondi’s request for a temporary extension.
In November, the 6th US Circuit Court of Appeals upheld bans in Michigan, Ohio, Kentucky and Tennessee, Bondi argued. However, a series of federal appeals-court decisions have struck down gay-marriage bans in other states. The US Supreme Court in October declined to take up the issue.
The American Civil Liberties Union of Florida, which has represented a group of plaintiffs challenging the ban, said Wednesday afternoon same-sex marriages will be able to start January 6th if no other attempts at extending the stay are successful.
Likewise, on January 6th, same-sex marriages performed in other states would be recognized in Florida, the ACLU said.
“Today, in denying the state’s request to further delay the ruling, the 11th Circuit Court of Appeals rejected the state’s argument that allowing same-sex couples to marry and have their marriages recognized will cause harm to the state and refused to make these families wait any longer,” ACLU attorney Daniel Tilley said in a prepared statement published by The News Service of Florida. “The court effectively ruled that the state does not have a likelihood of succeeding in its appeal.”
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