Two
gay Key West bartenders are prepared to get married Monday in a
Plantation Key courthouse if Monroe County Circuit Judge Luis Garcia
strikes Florida’s same-sex marriage ban.
“That’s all it takes is
a walk across the hall. It’s just about 10 feet from the door of the
court to the door of the clerk’s office,” said Bernadette Restivo, an
attorney for Aaron Huntsman and William Lee Jones, who in April sued
Monroe County Clerk Amy Heavilin for a marriage license.
Huntsman
and Jones, both bartenders at 801 Bourbon Bar on Duval Street, are
longtime Keys residents who met years ago at a gay pride celebration.
Huntsman, at the time, was the reigning Mr. Pride. They wanted to wed on
June 10, their 11th anniversary as a couple.
The case mirrors a
suit filed in January by six same-sex couples who want to marry in
Miami-Dade County. The men and women, along with Equality Florida
Institute, sued Miami-Dade Clerk Harvey Ruvin after his office denied
them licenses.
In 2008, Florida voters approved an amendment to the state constitution, by almost 62 percent, to prevent gay marriage.
“The
voters in 2008 made a policy decision which they had a right to do as
to what the definition of marriage should be in the state of Florida,”
Assistant Attorney General Adam Tanenbaum told Miami-Dade Circuit Judge
Sarah Zabel in a hearing Wednesday for the Equality Florida suit. “They
had that right and it’s not for this court to second-guess or make a
determination whether that was a good policy or a bad policy. It remains
for this court to simply follow what is binding legal precedent from
the U.S. Supreme Court and not to guess what the U.S. Supreme Court may
or may not do in the future.”
Tanenbaum, who didn’t address
whether or not gay people should be allowed to marry, is also expected
to defend the Florida marriage ban at Monday’s hearing in Plantation
Key.
Following complaints from conservatives throughout the
state that she remained silent for months on the two right-to-marry
cases, Florida Attorney General Pam Bondi on June 24 announced her
office would defend the gay marriage ban in circuit court.
Bondi
had already begun defending Florida in a federal lawsuit filed last
April in Tallahassee by Miami-Dade gay-rights group SAVE and the ACLU of
Florida on behalf of eight same-sex couples married elsewhere. That
legal challenge maintains the state is discriminating against gay
couples by not recognizing same-sex marriages performed in states where
they are legal.
The gay-marriage battle is being waged across
the nation. A federal judge last week ruled Kentucky’s same-sex marriage
ban unconstitutional. According to the group Freedom to Marry, LGBT
advocates have won 23 times in federal, state and appellate courts since
June 2013, when the U.S. Supreme Court threw out a key portion of the
1996 Defense of Marriage Act.
Last year, Supreme Court justices
determined the federal government must recognize same-sex marriages, but
did not address whether state marriage bans are legal.
The
plaintiffs in the Equality Florida case — Catherina Pareto and Karla
Arguello of Coconut Grove; Dr. Juan Carlos Rodriguez and David Price of
Davie; Vanessa and Melanie Alenier of Hollywood; Todd and Jeff Delmay of
Hollywood; Summer Greene and Pamela Faerber of Plantation; and Don
Price Johnston and Jorge Isaias Diaz of Miami — asked Zabel for a
summary judgment in their favor. The judge did not say when she would
reach a decision.
Keys plaintiffs Huntsman and Jones are also
asking for summary judgment. “We’re not doing this to be the first
couple to get married. We’re doing this to change the law,” Huntsman
said. “Change the law for all Floridians.”
Read
more here:
http://miamiherald.typepad.com/gaysouthflorida/2014/07/gay-key-west-bartenders-to-ask-monroe-county-judge-let-us-wed-immediately.html#storylink=cpy
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