Florida Marriage Woes

Florida same-sex couples of Monroe County and throughout much of the state waited excitedly as county officials began presiding over marriages for the first time since U.S. District Judge Robert Hinkle determined Florida’s same-sex marriage ban unconstitutional in August of last year.

Nevertheless, the much celebrated victory for same-sex couples across the Sunshine State is not yet a victory for all.

Several counties in the Florida panhandle are now turning away any and all couples looking to tie the knot. At least 13 counties have opted out of presiding over any marriages, not so coincidentally following Hinkle’s ruling. According to the Tampa Times these select counties are at an impasse; several of them have all but given up their authority to preside over marriages, regardless of sexual orientation.

Although elected officials are expected to forgo any behavior that might suggest bias or otherwise unlawful discrimination, a number of Florida county clerks have simply decided that they will not fulfill their obligations in what may be an effort to disguise their discomfort as impartiality. Others claim that they have discontinued providing this time-honored service due to unforeseen cutbacks. Fortunately, not all counties are addressing same-sex marriage as a problem. Rather than asking her staff who would feel uncomfortable overseeing the marriages, for example, Pensacola's Escambia County Clerk Pam Childers asked who would help.

According to Lance deHaven-Smith, a public policy professor at Florida State, county clerks are not required by law to oversee marriages, however, as elected officials they may be gambling with their chances at being reelected. For the time being, all couples in Florida may obtain a marriage license, however, there is no guarantee that anyone will officiate the ceremony.