Monday, October 27, 2014

Florida: Same-Sex Marriage Will Not Skip Directly To State Supreme Court

Florida Attorney General Pam Bondi

First, Florida Attorney General Pam Bondi asked courts in Florida to hold on any legal action regarding same-sex marriage because she hoped the US Supreme Court would handle the issue and she wouldn't have to get her hands dirty.

Then, when SCOTUS declined to review any of the appellate court cases sent their way, Bondi asked to take the issue in Florida straight to the state Supreme Court, skipping the normal appeals court route.

She got a big fat 'no' on Friday.

From the Miami Herald:

The 3rd District Court of Appeal on Friday indicated it will likely rule itself on previous decisions striking down the Miami-Dade and Monroe counties bans.

Several Florida judges ruled this summer that Florida's ban is unconstitutional but stayed their rulings until other cases around the country were resolved, including those pending with the U.S. Supreme Court. It recently declined to hear appeals from five states that sought to keep their marriage bans in place. The American Civil Liberties Unions, and attorneys for the couples in Miami-Dade and Monroe counties then sued to overturn the stay.

Should Bondi and the state of Florida lose in the District Court of Appeals (which she will), she will then be able to file another appeal with the state Supreme Court.

Dragging this whole thing out when we can all see the end game already...

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