Media Release The recent decision of the US Supreme Court has created ambiguity around the legality for the clerks in the State of Florida issuing same-sex marriage licenses on January 6, 2015.
“It is our duty as a Court Clerk to act in accordance with Florida law. We are responsible for administering the law; therefore, it is not within our purview to interpret the law.
We are going to follow the advice of the Florida Court Clerks & Comptrollers’ legal counsel that, at this time of uncertainty, we do not issue same-sex marriage licenses until a binding order is issued by a court of proper jurisdiction.” [The Fernandina Observer is assuming the previous quote is from John Crawford, Clerk of Courts. The press release did not indicate a source.]
• Please see the Florida Court Clerks & Comptrollers Association statement below.
Statement on Behalf of the Florida Court Clerks & Comptrollers Executive Director Kenneth A. Kent Regarding Same-Gender Marriage Licenses in Florida
Tallahassee, Fla. – The Florida Court Clerks & Comptrollers today issued the following statement attributed to its Executive Director Kenneth A. Kent regarding the same-gender marriage licenses in light of the recent ruling.
“The Florida Court Clerks & Comptrollers’ opinion regarding the legality of issuing same-gender marriage licenses in the State of Florida, as previously stated by our general counsel, remains unchanged. Numerous cases support the holding that the denial of the state’s motion to stay by the U.S. Supreme Court last Friday was not a decision on the issue of same-gender marriage.
“Our general counsel has advised us that established case law makes it clear that the order of a trial court, including the Federal District Court in this case, is not binding on any other court. Further, it is the understanding of the Florida Court Clerks & Comptrollers that the only courts that can bring judicial clarity to this question through a binding, statewide decision are the U.S. Supreme Court, the Florida Supreme Court or a Florida District Court of Appeals.
“Absent a ruling from one of those three bodies, our opinion, as previously presented by our general counsel, will not change.
“The Clerks of the Court remain committed to their duties as constitutional officers. And, to further gain clarity, our general counsel has recommended that the Washington County Clerk consider filing an emergency motion with the Federal District Court seeking clarification as to who the court’s injunction was intended to apply.”
For more information on the Florida Court Clerks & Comptrollers, please visit www.myfloridaclerks.com.
Office of Nassau County Clerk of Courts
Contact: Liz Rodriguez
Executive Projects Coordinator
904-548-4664
December 23, 2014 4:09 p.m.
Typical CYA from your Clerk of Courts!
While I realize the south is mostly conservative, my wife and I had to travel to New England to become legally married. It is a shame that all states don’t allow the liberty that most of the States have taken to allow same sex marriage.
Way to go. Set the county up for a lawsuit. Let’s throw away a few dollars more of our tax dollars in legal fees when we inevitably lose.
Mr. Crawford’s position seems based on the advice of competent legal counsel. Although Mr. Palmer would obviously prefer a different result (no doubt from his “slouching toward gomorrah” political inclinations), a more reasonable approach may be to wait until a court with appropriate jurisdiction renders a decision on the matter of same sex marriage. In any event I believe it has been the City of FB that has squandered tax dollars on legal fees for spurious actions.
As to “Stumpjumper”, I don’t believe any thinking person should lend any credence to remarks from someone who fails to identify his or her self. Trolls hide behind silly names. I stand accountable for what I post.
Good for you Mr. Coe! You just keep right doing that!
Stephen, Although I agree that those who post here should use their real name, I would ask you to look into how many of our tax dollars have been used in legal action with respect to the Clerks Office. It is not just FB that has a track record here. I do believe that most are missing the point of this issue. Is it about the potential cost of law suits?. Or is it about a group of people who are trying to get equal rights. Seems that if the United States Supreme Court has made a ruling, we should follow it. Could it be that all the legal maneuvering is really just a stall, or just another road block to keep gays from marrying? The core of this issue is still the fight that gays are having to get equal treatment under the law with respect to marriage, plain and simple. Are we as State or County doing all we can to help make this possible or are we doing all we can to obstruct it?
Hear, hear!
So without getting too deep in the socio-religious weeds here, I personally see a difference between civil unions ( and total civil rights therein) and the traditional rite of marriage. One is state sanctioned and the latter is sanctioned by both church and state. Gay marriage is a radical departure from almost the entire historical record of humanity. It’s not surprising that the majority of people find the concept at a minimum unsettling. Furthermore many find the notion that an unelected judiciary can unilaterally change the law to be counter to our republic’s principles.
My personal opinion on the matter is not important. But my reaction to all who agree or disagree with me is dictated by my relationship with the One the birth of whom much of the world is now celebrating. I will strive to respond with humility and love to all.
Merry Christmas Fernandina Observer readers and staff!
Joe Palmer, What did you ever do to Mr. Coe Shoot his Dog? ( ” Slouching Towards Gomorrah”) Really? I’ve always looked forward to your Column in the News Leader. You seem to me a very thoughtful man. I don’t know you, but you seem to ” wear your heart on your sleeve”. Which gives” righteous” folks like our Mr.Coe, something to pick at. My feelings about the Nassau County, Clerk of the Court denying to issue a couple a Marriage License, especially after the Florida Attorney Generals office has made the statement That They would not prosecute any Clerk of the Court for issuing a Marriage License to same sex couples. Mr. John Crawford is wrong. Folks like Angela should not have to travel 1200 miles to exchange vows of a loving couple. Let me ask a question. How many Wars have been started and how many Millions of people have died because two people want to commit themselves to each other? And religion, how many lives have been lost and for what?? Joe, on your way to Gomorrah Please stop by for a little Holiday Cheer. Merry Christmas and Happy New Year. Even you Mr. Coe.
Nassau Clerk is only doing what they’ve been advised to do, like every other clerks office in the state. Google it. They aren’t the only ones that issued this same press release.
Even more so, there are alot of changes that have to be made on applications, computer programs, etc…..
Think about it.
Actually Marie, in Orange and Osceola County’s State Attorney Ashton has agreed not to prosecute any clerks issuing same sex licenses come Jan 6th. This whole thing still smells like a stall to enacting a law passed by the United States Supreme Court. It goes without saying changes have to be made with respect to applications and programs, but that is not the reason that this law isn’t being adhered to. Many elected officials are going to fight this tooth and nail. The majority of folks not only in Florida, but also throughout the United States in favor of same sex marriage, the Supreme Court passed a ruling in favor of it—what is really the hold up?
I’ll say at the outset that I personally support the proposition that gender of the parties should not be a prohibition on the fundamental right to marry. I’m in favor of same-sex marital rights. I also support the right of any church officiant to decline to marry parties in their church if doing so is contrary to that officiant’s sincerely held religious beliefs.
That said, as an attorney for 40 years I understand the problem faced by the County Clerks. A federal district court has ruled against state prohibition, and that’s great. I hope that ruling prevails on appeal and on application to Florida law and the sooner the better. However, that federal district court ruling does not yet apply to Florida state law any more than the bedtime rules for the children of my next door neighbor apply to my grandkids.
There are federal courts all over the country that issue rulings on thousands of things every year, and some are upheld and some are not. The legal process allows the parties in the federal case that issued the ruling to appeal, and to take it up the line to the federal appellate court.
There are other cases that are currently in state court right now. Any one of them can get to either a District Court of Appeals Court at the state court system, or the Circuit Court of Appeals at the federal court system, and ruling by either of those would provide legal direction for the clerks of court in Florida.
Harvey, well stated. The question is still why are they fighting it so hard? If the US Supreme Court ruled on it why is Florida digging it’s heals in? Is it due to some legal issue or are they just against same sex marriage? Only time and money will tell. Time with respect to those wanting equal rights under the law and having to wait for this game to be played out , and our money being spent to play out this game? Everything I have read doesn’t seem to be sympathetic with those awaiting this conclusion, but rather how can we stall and fight this. Just think it’s sad. No one is saying that any Church or religious group has to honor this if it doesn’t fall under their beliefs. It’s really only a matter of equal rights under the umbrella of the Government. Any bets as to how long this drags on?
It still amazes me how 3 to 5% at most of the US who are gay (latest census info) can cause such an uproar. I’m sure part of the problem is of preceived “Rights”. But if that was the major issue then the term “Civil Union” would be acceptable. But that does not seem to be the case. The term “marriage” seems to be what their really after. Just another way the Progressives are spitting in the face of the religious community. Maybe that is why I hate the Progressives so much, you know the group that screams about tolerance unless you happen to disagree with them. Then they have NO tolerance at all. Just an observation.
Good thoughts Mr. C. It seems we have another percentage of our population,(13%), they think the same way! This reminds me of the NIMBY people or the CAVE people. Not in my backyard, or my favorite, Citizens against virtually everything!