Judge Zabel struck down Florida’s marriage equality ban in Miami-Dade County, affirming that the denial of marriage to same-sex couples in our state is unconstitutional.
“To deny this fundamental freedom on so unsupportable a basis as the... classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law,” Zabel wrote in her order, citing a 1967 Supreme Court ruling that overturned a state ban on interracial marriage.
John Stemberger, who led the 2008 campaign to amend the state constitution, was vehemently critical of Zabel’s decision, especially her reference to the Supreme Court case on interracial marriage.
“Wow,” said Stemberger, president and general counsel of the conservative Florida Family Policy Council in Orlando. “Race and ethnicity are not an inherent property of marriage. Gender, however, isan inherent property of marriage. This is why her reliance on Loving is misplaced. Loving in essence said any man can marry any woman irrespective of race and ethnicity.”
On July 17, Monroe County Chief Circuit Judge Luis Garcia also ruled Florida’s gay marriage ban unconstitutional and ordered that two gay Key West men be allowed to marry. That decision has also been stayed and Aaron Huntsman and William Lee Jones have not yet been allowed to marry in Florida.
Still, today’s ruling brings us closer than we’ve ever been to the freedom to marry in Florida. Now this case also heads to a higher court which hopefully will result in a victory that will apply state wide!
Today’s ruling didn't just come from nowhere; there’s no doubt about that. It’s the direct result of the historic movement supporters like you have helped build in every region of the state. Thanks for always being there to speak out and support this amazing movement in the Sunshine State.
Time to move on, Ms. Bondi
Ms. Bondi has fulfilled her duty by battling to support the law, but there’s a point beyond which it becomes futile to keep fighting it out in court. She should support the move to get the case before the state Supreme Court as quickly as possible to get a dispositive ruling and be done with it as soon as possible without further needless waste of state resources.
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