Tallahassee federal judge throws out Florida's ban on same-sex marriage

[shortsweetcynic]

U.S. District Judge Robert Hinkle is the fifth judge in six weeks to make the same finding
A Tallahassee federal judge ruled Thursday that Florida's ban on gay marriage is unconstitutional, the fifth judge in the past six weeks to do so

Comments

[rhysande]

One step closer.

[squidger]

Which SCOTUS decision are you referring to? The Prop 8 case applied solely to California, and in that case, SCOTUS didn't rule on the merits, saying that the appellants (the supporters of Prop 8) didn't have standing. In Windsor, that case only applied to federal recognition of state marriage laws.

[shortsweetcynic]

i suppose it's both? please forgive my answer because i'll admit i haven't made the time to read about this in depth.

all i know is that after the rulings last year, state after state after state started overturning their own anti-gay-marriage amendments, and if proposition 8 is functionally the same thing as florida's amendment 2...would they hear (what looks to me like) the same case twice if it did end up going back to the SCOTUS? because i have no misconceptions that they'll probably end up doing just that if they can.

[squidger]

Marriage laws are defined by the states. There is no federal law about marriage. States are free to define marriage as however they want (why different states have different legal ages, different laws re: first cousin marriage) as long as those definitions are constitutional, both under that state's constitution and the US constitution. That's why a lot of states specifically amended their state constitutions to define marriage as between a man and a woman: if it's in the constitution, it cannot be "unconstitutional." However, the US constitution trumps state constitutions. So, even if states amended their own constitutions, if those amendments violate the US constitution's equal protection clause, they're not valid

[shortsweetcynic]

thank you for explaining this so well. that makes sense to me now. :)

[cghardy]

Okay, so the first couple still can't get married, because there's a stay that prevents them (and hopefully that gets withdrawn). The second couple that was looking for recognition of their license seems like they will receive it. And another person that had their partner die early will be getting a second look at and possibly getting benefits.

So, better than before, I guess.

[nesmith]

My sister and her partner are in FL, so I am SO exited about this, and for their best friends, a gay couple who have been waiting SO LONG for this.

[blackjedii]

virginia got a stay on a higher court hearing their own thing so no getting gay married yet ;.; or bi married or any married

we'll get there. It's a big step that our AG has effectively told the Republican reps he DGAF about defending the ~constitutional amendment~ and the governor has said so as well

[moonshaz]

Yes, the AG and Governor's stances should simplify things quite a bit! I just hope it doesn't take too much longer before same-sex marriage is legal everywhere in this country.

In the meantime, I think it's crazy that marriages that are perfectly legal in one state can be treated as non-existent in another. I understand that each state makes its own laws as to who can GET married there, but I think it's just plain nuts that a couple can be legally married in one state, then move to another state, and all of a sudden *POOF* their marriage doesn't exist anymore. In what universe does that make ANY sense at all? #rhetoricalquestion