Yet another federal judge in yet another state has ruled in favor of allowing gay marriage. Florida US District Judge, Robert Hinkle, decided the state’s 2008 law banning gay marriage infringed upon a person’s “due process” and “equal protection” rights, both guaranteed in the Constitution. This decision has a two-pronged effect for same-sex couples in Florida — the state can perform gay marriage ceremonies, and previously married couples will now have their marriages recognized by the state.
Speaking about his decision, Hinkle said, “The Florida provisions that prohibit the recognition of same-sex marriages lawfully entered elsewhere, like the federal provision, are unconstitutional. So is the Florida ban on entering same-sex marriages.”
While this is fantastic news for same-sex marriage advocates, the ruling will not go into effect right away. Hinkle’s decision will stand so long as an appeal is not granted by a higher court. This has been the case in many previous rulings in other states, and virtually all have upheld the District Court’s decision, so advocates likely don’t have too much to worry about in the case of Florida.
One obstacle, however, could be Governor Rick Scott, an ardent opponent of same-sex marriage. Commenting on the decision, a spokesman from the Scott Re-Election Campaign said while the Governor “respects the many views Floridians have on this issue, he believes in traditional marriage consistent with the Constitutional Amendment passed by voters in 2008.”
With more and more states coming to similar decisions regarding marriage equality, it seems like Scott is beating a dead horse calling for “traditional definitions” of marriage. The issue is sure to continue to be a hot one going into the 2014 mid-term elections, and soon, the 2016 Presidential Election.
