Florida Court Won't Delay Gay Marriage Appeals

By: Associated Press Email
By: Associated Press Email
A Miami-based appeals court has rejected Attorney General Pam Bondi

MGN Online

News Release: Associated Press
August 27, 2014

MIAMI (AP) -- A Miami-based appeals court has rejected Attorney General Pam Bondi's request that two gay marriage cases be delayed until the U.S. Supreme Court decides the issue nationally.

The 3rd District Court of Appeal ruled Thursday that the cases from Miami-Dade and Monroe counties will move forward. Bondi's office appealed rulings from judges in the two counties that declared Florida's ban on same-sex marriage is unconstitutional.

The decision comes one day after another court, the 2nd District Court of Appeal, asked the Florida Supreme Court to decide the issue statewide. Judges in Broward and Palm Beach counties have also found the gay marriage ban approved by voters in 2008 to be unconstitutional.

A Tallahassee-based federal judge issued a similar ruling but also stayed its effect pending the outcome of appeals.


News Release: Associated Press
August 27, 2014

TALLAHASSEE, Fla. (AP) -- Florida's highest court is being asked to rule on whether the state's ban on gay marriage is constitutional.

A majority of judges with the state's 2nd District of Appeal on Wednesday asked the Florida Supreme Court to settle the question due to "great public importance."

The ruling is connected to a divorce case involving a same-sex couple who had been married in Massachusetts. Their petition to dissolve their marriage was rejected by a Florida judge who noted that state law does not recognize gay marriage.

Voters approved the ban in 2008.

But judges in four Florida counties -- Palm Beach, Monroe, Miami-Dade and Broward-- have overturned the ban. Last week a federal judge also overturned the ban. No marriage licenses have been issued so far.


Update: Associated Press
August 8, 2014

GAINESVILLE, Fla. (AP) -- Florida's attorney general is asking state courts to stop considering same-sex marriage cases until the U.S. Supreme Court decides whether states have the right to ban gay marriage.

Attorney General Pam Bondi filed two motions on Friday in a state appeals court, requesting a freeze on appeals of cases concerning the state's constitutional amendment banning gay marriage. Voters approved the amendment in 2008.

Judges in four Florida counties have overturned the ban, but no marriage licenses are being issued because Bondi has appealed each case.

Bondi says the state will defer to the Supreme Court and that any further state proceedings are a waste of judicial resources. Utah and Oklahoma this week asked the Supreme Court to decide the issue.


News Release: Associated Press
August 5, 2014

WEST PALM BEACH, Fla. (AP) -- A fourth judge in Florida has overturned the state's ban on same-sex marriage in a single county.

Tuesday's ruling by Palm Beach County Circuit Judge Diana Lewis mirrors recent decision in Monroe, Miami-Dade and Broward counties. All found that a 2008 voter-approved constitutional amendment banning gay marriage in the state violates gay residents' right to equal protection under the law as guaranteed by the 14th Amendment.

Republican Attorney General Pam Bondi has filed a notice of appeal in the Monroe and Miami-Dade cases. No marriage licenses will be issued for gay couples in any of the four counties, pending appeals.

The Palm Beach Post reports that Tuesday's opinion is tied to a probate case surrounding the death of a man who owned property in Florida and married a man in Delaware, where gay marriage is legal.


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