Ruling Striking Down Florida's Gay Marriage Ban Applies Statewide, Judge Rules

A federal judge on Thursday clarified that his ruling striking down Florida's ban on gay marriage applies statewide.

The Supreme Court last month refused to delay implementation of U.S. District Judge Robert L. Hinkle's ruling declaring the state's ban unconstitutional, removing the last obstacle for it to take effect after January 5, when the current stay expires.

State officials, however, argued that the ruling only applies to plaintiffs in the case, prompting Lora Bell, the clerk of court for Washington County, to ask Hinkle to clarify the scope of his ruling.

“The preliminary injunction now in effect thus does not require the Clerk to issue licenses to other applicants,” Hinkle wrote. “But as set out in the order that announced issuance of the preliminary injunction, the Constitution requires the Clerk to issue such licenses.”

Nadine Smith, CEO of Equality Florida, the state's largest LGBT rights advocate, applauded Hinkle's decision.

“We believe Judge Hinkle's order was clear from the beginning,” Smith said in a statement. “We are pleased that he has put an end to the unnecessary confusion caused by a misguided legal memo by a private law firm. We look forward to January 6^th when couples who have waited for this day can finally be married, and those of us married elsewhere are finally able to fully protect our families.”