Florida: State Prosecutor Won't Charge County Clerks For Issuing Same-Sex Marriage Licenses on January 6

So the short version:

Federal judge strikes down Florida's ban on same-sex marriage.

Governor and Attorney General fight it tooth and nail.

Appeal to extend the stay on ruling (which expires January 5th) gets a flat "No" from 11th Circuit Court of Appeals AND SCOTUS.

Law firm repping the state county clerks warns in erroneous memo that clerks could get arrested and fined for issuing marriage licenses come January 6th if outside Washington county (the one county named in original lawsuit).

Meanwhile, Orlando Mayor Buddy Dyer says he will officiate huge same-sex wedding ceremony at 9AM on January 6th IF the county clerk issues marriage licenses. The county clerk, however, was unsure if charges would be brought.

Well, now it looks like the state prosecutor who would be responsible for bringing those charges has cleared the way for some couples in the area:

In a move that could clear the way for same-sex couples to get married in Orange and Osceola counties in two weeks, State Attorney Jeff Ashton on Tuesday announced that he will not prosecute court clerks if they issue marriage licenses to gay and lesbian couples on Jan. 6 or after.

The threat of prosecution had appeared to be the last major obstacle to same-sex couples getting married here.

But a spokesman for Orange County Clerk Tiffany Moore Russell said that Ashton's decision has not changed her position. She still has no plans to issue marriage licenses to same-sex couples.

Over the past two weeks, Osceola County Clerk Armando Ramirez has equivocated, at times saying that, yes, he would issue marriage licenses to same-sex couples on Jan. 6 and at others that he would not. On Tuesday afternoon he said Ashton's decision took the pressure off him. "Then I think because of that, there is no reason not to proceed issuing marriage licenses one minute after midnight Jan. 6," Ramirez said.

Jeff Ashton is the prosecutor for the Ninth Judicial Circuit District (which includes Orange and Osceola counties) out of a total of 20 in the state.

Seminole-Brevard State Attorney Phil Archer has also indicated that he would not prosecute clerks in his two counties.

Equality Florida, a marriage equality advocacy group, has told clerks that they could be sued and rack up needless legal bills if they do not issue marriage licenses to same-sex couples on Jan. 6.

By the way, here is Judge Hinkle's ruling. It seems to be clear that by including the phrase "and others in active concert or participation with ANY of them," Hinkle meant his order to include ALL state officials involved in issuing marriage licenses, not just those in Washington County.

“The defendant Secretary of the Florida Department of Management Services and the defendant Florida Surgeon General must take no steps to enforce or apply these provisions on same-sex marriage: Florida Constitution, Article I/27; Florida Statutes 741.212; and Florida Statutes 741.04(1)…

The preliminary injunction binds the Secretary, the Surgeon General, and their officers, agents, servants, employees and attorneys – and others in active concert or participation with any of them – who receive actual notice of this injunction by personal service or otherwise.”