Equality Florida & NCLR To FL County Clerks: Follow The Law And Issue Marriage Licenses

Equality Florida and the National Center for Lesbian Rights today issued a joint memo to all 67 Florida county clerks regarding the expiration of Judge Hinkle's ruling on marriage equality which is set to expire January 5th.

This is the memo's Conclusion:

Florida county court clerks should follow Judge Hinkle’s ruling and issue marriage licenses to same-sex couples beginning January 6, 2015. The advice provided to the Clerks Association in legal memoranda from a private law firm is incorrect in key respects, including in failing to acknowledge that:

(1) a federal court order is binding not only on the parties to the case, but also on all “persons who are in active concert or participation with” any of the parties;

(2) non-party government officials may choose to comply with a federal district court ruling that a law is unconstitutional, even when they are not technically bound by the ruling;

(3) an unconstitutional law is void and unenforceable; and

(4) county clerks who follow Judge Hinkle’s ruling could not be held criminally liable for doing so because they would not have the required specific criminal intent.

I smile as I had just hit "Post" on what is point number one here :)

The memo includes the fact that even IF Judge Hinkle's order was binding only to Washington County (which it's not), other clerks would still be free to follow his order because ruling the law unconstitutional provides "controlling precedent" that they are permitted to do so.

Full memo here.

(via press release from Equality Florida)