The latest in an incremental number of US states to see their bans on same-sex marriage overturned is Florida- this time at the hands of a Tallahassee’s Judge Hinkle and team of jurists. Florida currently denies same sex couples the right to marry at both state and constitutional level following a ban that was put in place following a state vote in 2008. Judge Hinkle however, was in agreement with state judges in four other counties within Florida, pointing to a conflict between the ban and the inviolable rights of the 14th Amendment.
Gay Marriages NYC : Image courtesy of Jose Antonio Navas CC-BY-SA All rights held @ Flickr under licence.
Activists celebrated as the judge enacted one of 19 federal decisions across the country to over turn a state-wide ban that stopped couples from marrying. In his ruling, the judge explained that the ban could not be upheld as it violated the fundamental right to marry of any person, regardless of sexuality. Specifically, he indicated that the ban did not sit with the ‘due process’ and ‘equal protection’ elements of the US constitution.
Although Judge Hinkle has ordered implementation of the decision not to begin until after the Supreme Court has completed its actions on a number of related cases, he made a compassionate exception for one couple allowing the late Carol Goldwasser’s death certification to include her female life partner as a formal acknowledgement of their relationship by the state of Florida.
lake-worth-gay-marriage-protest-08 : Image courtesy of Daniel Tobias CC-BY-SA All rights held @Flickr under licence.
The decision comes in conjunction with a wave of developments; including the ruling this month by the Presbyterian Church of the US to allow same sex marriage within its religious traditions. At present, bans are in force in 31 US states on this issue- however lawsuits intending to challenge the bans have been filed in the same 31 states.
03.AntiGayMarriageProtester.GWMG.WDC.22July2012 : Image courtesy of Elvert Barnes CC-BY-SA All rights held @Flickr under licence.
Opponents of the change include Governor Rick Scott who was quoted as saying that he “respects the many views Floridians have on this issue, [but] believes in traditional marriage consistent with the constitutional amendment passed by voters in 2008.”
CAII Board President Brian Sealey meeting Governor Rick Scott at the “Let Kids Be Kids” bill signing : Image courtesy of Flguardian2 CC-BY-SA All rights held @Flickr under licence.
The decision will change the lives of many, as it not only allows Florida’s same sex couples to marry but also allows marriages performed in other states to be recognized in the sunshine state.
