John M. Becker

Federal Judge Strikes Down Florida's Marriage Ban

Filed By John M. Becker | August 21, 2014 6:00 PM | comments

Filed in: Marriage Equality, Politics
Tags: Florida, gay marriage marriage equality, marriage discrimination, same-sex marriage

florida-satellite-view.jpgFlorida's marriage discrimination amendment has been found unconstitutional for the fifth time -- but for the first time, it's fallen in federal court. The ruling has been stayed pending appeal.

The Associated Press reports:

A federal judge on Thursday declared Florida's ban on same-sex marriage unconstitutional, joining state judges in four counties who have sided with gay couples wishing to tie the knot.

U.S. District Judge Robert L. Hinkle in Tallahassee ruled that the ban added to Florida's constitution by voters in 2008 violates the 14th Amendment's guarantees of equal protection and due process. Hinkle issued a stay delaying the effect of his order, meaning no marriage licenses will be immediately issued for gay couples.

Hinkle, an appointee of President Bill Clinton, compared bans on gay marriage to the long-abandoned prohibitions on interracial marriage and predicted both would be viewed by history the same way.

"When observers look back 50 years from now, the arguments supporting Florida's ban on same-sex marriage, though just as sincerely held, will again seem an obvious pretext for discrimination," Hinkle wrote in a 33-page ruling. "To paraphrase a civil rights leader from the age when interracial marriage was struck down, the arc of history is long, but it bends toward justice."

Another step towards marriage equality in Florida. Onward!

A copy of the ruling is after the break, via Equality Case Files.

4:14-cv-00107 #74 Florida Preliminary Injunction by Equality Case Files


Recent Entries Filed under Politics:

Leave a comment

We want to know your opinion on this issue! While arguing about an opinion or idea is encouraged, personal attacks will not be tolerated. Please be respectful of others.

The editorial team will delete a comment that is off-topic, abusive, exceptionally incoherent, includes a slur or is soliciting and/or advertising. Repeated violations of the policy will result in revocation of your user account. Please keep in mind that this is our online home; ill-mannered house guests will be shown the door.