Florida Court Clerks Warned Not to Issue Same-Sex Marriage Licenses Until Legal Matter Cleared

Even as Florida Attorney General Pam Bondi asks the U.S. Supreme Court for a stay of a federal decision striking down the state constitutional amendment recognizing only traditional marriage in the Sunshine State, the Florida Court Clerks and Comptrollers executive director weighed in on Tuesday, warning members not to issue same-sex marriage licenses until there is a binding order in place.

Floridas Court Clerks and Comptrollers duty is to act in accordance with Florida law. Florida Statutes are unique in regard to prohibiting the issuance of a marriage license to a couple that is not a man and a woman, in that it provides that a clerk who violates this prohibition is guilty of a criminal act and subject to a fine and/or imprisonment, said Kenneth Kent, the executive director of the Florida Court Clerks and Comptrollers. Floridas Court Clerks and Comptrollers are responsible for administering the law; therefore, it is not within their purview to interpret the law or act without a full understanding of what the law does and does not allow.

At this time of uncertainty, the Florida Court Clerks and Comptrollers have been advised by the association to follow the advice of our legal counsel and not issue same-sex marriage licenses until a binding order is issued by a court of proper jurisdiction, Kent added.