Same-sex marriages will be allowed in Florida beginning in January after the U.S. Supreme Court rejected the states request to extend the hold barring gay marriage.
The hold is set to expire Jan. 5.
The decision to reject Floridas hold was decided on a 7-2 vote, with Justices Clarence Thomas and Antonin Scalia dissenting and voting to extend the stay on gay marriage in the Sunshine State.
"This is a thrilling day for all Florida families," Daniel Tilley, an attorney for the American Civil Liberties of Florida, said in a statement. "As we explained to the court, every day that the ban remains in place, couples are suffering real harms. We are grateful that the court recognized that, and that as a result, those days are finally coming to an end."
The decision is now on appeal at the United States Court of Appeals for the 11th Circuit in Atlanta.
U.S. District Judge Robert L. Hinkle of Tallahassee ruled in August to allow same-sex marriage licenses to start being issued in the state after Jan. 5 unless the Supreme Court intervened. Hinkle was one of several Florida judges who ruled the states 2008 constitutional amendment banning gay marriage violates the U.S. Constitutions guarantee of equal protection.
Florida Attorney General Pam Bondi, who fought to uphold the states same-sex marriage ban, then appealed Hinkles decision to the U.S. Court of Appeals for the 11th Circuit, which covers Florida, Georgia and Alabama.
Bondi expressed concerns that there would be confusion about issuing marriage licenses if the ban was struck down.
On Friday, Bondi conceded to the Supreme Court.
Tonight, the United States Supreme Court denied the states request for a stay in the case before the 11th Circuit Court of Appeals, she said in a statement. Regardless of the ruling, it has always been our goal to have uniformity throughout Florida until the final resolution of the numerous challenges to the voter-approved constitutional amendment on marriage. Nonetheless, the Supreme Court has now spoken, and the stay will end on January 5.
Should Florida allow gay marriage, it would become the 36th state in the country to do so.
This is a breaking story. Check back for updates.
Reach Tampa-based reporter Allison Nielsen via email atallison@sunshinestatenews.comor follow her on Twitter: @AllisonNielsen.
