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Same-Gender Marriage Licenses in Florida
Yulee, FL – December 23, 2014 - The recent decision of the US Supreme Court has created ambiguity around the legality for the Clerks in the State of Florida issuing same-sex marriage licenses on January 6, 2015.

“It is our duty as a Court Clerk to act in accordance with Florida law. We are responsible for administering the law; therefore, it is not within our purview to interpret the law.

We are going to follow the advice of the Florida Court Clerks & Comptrollers’ legal counsel that, at this time of uncertainty, we do not issue same-sex marriage licenses until a binding order is issued by a court of proper jurisdiction.”

• Please see the Florida Court Clerks & Comptrollers Association statement below.

Statement on Behalf of the Florida Court Clerks & Comptrollers Executive Director Kenneth A. Kent Regarding Same-Gender Marriage Licenses in Florida

Tallahassee, Fla. – The Florida Court Clerks & Comptrollers today issued the following statement attributed to its Executive Director Kenneth A. Kent regarding the same-gender marriage licenses in light of the recent ruling.

“The Florida Court Clerks & Comptrollers’ opinion regarding the legality of issuing same-gender marriage licenses in the State of Florida, as previously stated by our general counsel, remains unchanged. Numerous cases support the holding that the denial of the state’s motion to stay by the U.S. Supreme Court last Friday was not a decision on the issue of same-gender marriage.

“Our general counsel has advised us that established case law makes it clear that the order of a trial court, including the Federal District Court in this case, is not binding on any other court. Further, it is the understanding of the Florida Court Clerks & Comptrollers that the only courts that can bring judicial clarity to this question through a binding, statewide decision are the U.S. Supreme Court, the Florida Supreme Court or a Florida District Court of Appeals.

“Absent a ruling from one of those three bodies, our opinion, as previously presented by our general counsel, will not change.

“The Clerks of the Court remain committed to their duties as constitutional officers. And, to further gain clarity, our general counsel has recommended that the Washington County Clerk consider filing an emergency motion with the Federal District Court seeking clarification as to who the court’s injunction was intended to apply.”

For more information on the Florida Court Clerks & Comptrollers, please visit www.myfloridaclerks.com.

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