Florida's largest LGBT rights advocate
has criticized a top law firm for advising clerks not to begin
issuing marriage licenses to gay couples on January 6.
The Supreme Court on Friday refused to
delay implementation of a federal judge's ruling striking down
Florida's ban on gay marriage, removing the last obstacle for the
ruling to take effect after January 5, when the current stay expires.
But the state continues to argue that
gay couples will only be allowed to marry in the one county named in
the lawsuit.
The law firm Greenberg Traurig advised clerks not a party to the litigation against issuing such
licenses starting next month.
“The advice provided by Greenberg
Traurig to our client, the Florida Association of Clerks and
Comptrollers, addresses a Florida clerk's duties under existing
Florida law, which prohibits the issuance of same-sex marriage
licenses,” Hilarie Bass, the firm's Miami-based co-president, told
the Miami
Herald. “Current Florida law makes it a crime –
punishable by imprisonment or a fine – to issue a marriage license
to a same-sex couple. Greenberg Traurig is not advising the clerks as
to the constitutionality of the Florida ban on same-sex marriage.”
Equality Florida criticized the memo,
saying it had generated confusion and described it as an “exaggerated
warning” in a statement.
“Clerks can stand in the doorway and
try to block equality or they can welcome gay couples who have waited
for decades for this moment,” said Equality Florida CEO Nadine
Smith. “We expect every clerk to uphold their oath and protect the
constitutional rights of gay couples seeking marriage licenses. No
legal firm's memo overrides their clear legal obligation.”
Shannon Minter, legal director for the
National Center for Lesbian Rights (NCLR), which represents
plaintiffs in several cases challenging state bans, said that clerks
who refuse to issue licenses risk costly litigation.
“Any Florida clerk who refuses to
follow the Constitution's command and who withholds marriage licenses
from couples once the stay expires is on the wrong side of history
and the wrong side of the law,” said Minter. “A discredited memo
from a law firm won't provide much protection against the risk of
being sued for unconstitutional actions and being held liable for any
damages – and attorney fees – incurred by couples as a result of
withholding the freedom to marry. There is one Constitution, Florida
is one state, and all Floridians are entitled to equal treatment
throughout the state.”
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