Imagine going to jail for a year because you let a gay couple get married.
That’s the insane situation that Florida clerks will face in the first few days of 2015. It’s happening because the U.S. Supreme Court has allowed marriage to start on January 6th, in accordance with a federal ruling a few months ago. But the law remains on the books, including the bizarrely stuff penalties for any clerk who issues a license to a gay or lesbian couple.
So now, the statewide association for clerks and comptrollers has warned its members that they could face a fine and jail time for allowing marriages to begin. (To be fair: they’re only following their lawyers’ advice. And those lawyers have in the past recommended that the state repeal its marriage ban.)
This is, obviously, completely nuts. Can you imagine the outcry if a SWAT team stormed into a wedding in a clerk’s office to arrest everyone? The outcry would be enormous. And yet, considering that it’s Florida, we wouldn’t rule out something so ludicrous. After all, this is the state that can’t seem to go five minutes without a machete attack, alligator-related crime, or someone getting their face eaten.
So now the big question is: will there be a clerk brave enough to make themselves the test case? And if they do, will some enterprising homophobic Sherriff take it upon himself or herself to raid the wedding? Stay tuned.
Kieru
The Supreme Court has ruled in favor of marriage equality in Florida. The law in Florida that they might be subject to is completely unenforceable at this point. A police officer may elect to use that law as a reason to arrest a Clerk; but the charges would not stand.
Even the most inept court-appointed attorney could have the charges dropped in a matter of minutes when you have a Supreme Court decision showing that the law is now invalid.
Bromancer7
@Kieru: Yes, but remember this is FLORIDA. Common sense does not apply.
Virge
I call bullshit on this.
Yesterday on a predominantly hetero forum a member from Florida commented about this subject from her perspective as a clerk who will have to give licenses to gay couples. She said her supervisor and the judge in charge of licenses in her county have already told them they cannot be arrested or even fired for following the instructions to sell licenses regardless of all the political feedback for it if they do. She said she was personally against gay marriage but followed that by saying she was also against sport hunting but issued licenses for that. She went on to say there was no way gay people could do more to make a mockery of marriage than heterosexuals have done.
jwtraveler
@Virge: Sounds like a smart woman, whatever her personal beliefs are.
Chris
These are pretend crises; but they are no-less real impediments to full marriage equality. Having said so, I cannot see the Wilton Manors City Clerk refusing to issue marriage licenses to any gay couple who comes into his/her doors. Nor for that matter can I see a clerk in any FL metropolitan area refusing to do so.
I'm Black, and HIV-Positive.
@Kieru: Hey cutie! It’s me again!
SteveDenver
ANITA BRYANT LAWS: let’s see Florida defend those in the Supreme Court.
JAW
@Kieru:
Actually the SCOTUS just did not extend the stay, while the case makes it’s way through the lower courts. Odds are they would not hear the case if appeals makes it to their court…
bjohnmasters
I can see Polk County Sherrif Grady Judd raiding a Fay wedding. 1. His office only prosecutes crimes related to sex, asbestos I can tell. 2. She going for a higher office.
Tim
Sarasota CoC Karen Rushing has already said she will issue licenses.
Harley
@SteveDenver: Anita Bryant now lives in Oklahoma, where marriage equality now exists. I bet that was a nice fruit pie in the face. May there be many more.
Damich
As if such behavior would live for long. Whatever blocks they try to put up the flood’s waters will go through sooner or later