Jan 2, 2015
In a highly anticipated ruling to clarify an August preliminary injunction in the federal case Brenner v. Scott, the district judge agreed with Liberty Counsel that the injunction does not require Florida clerks of court outside Washington County to issue marriage licenses to same-sex couples on January 6. Indeed, the new order clarifies that the injunction is limited to the plaintiffs in the case, expressly holding, “The preliminary injunction now in effect thus does not require the [Washington County] Clerk to issue licenses to other applicants.” The Washington Clerk had requested the clarification last week.
The duties of a Florida clerk of court are ministerial, which means they have no discretion to pick and choose which laws to follow. Until a court with proper jurisdiction rules otherwise, Florida clerks are bound by Florida’s marriage laws, which memorialize in its Constitution the historic, natural definition of marriage as the union of one man and one woman.
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