Thursday, August 28, 2014

Take It To The Top

Florida’s ban on marriage equality and recognizing same-sex marriages from out of state may get in front of the state supreme court.

From the Orlando Sentinel:

The Second District Court of Appeal passed up its chance to make a ruling on the issue, that of two Tampa women who had asked a judge in Hillsborough County to give them a divorce.

The smart thing, the appeals wrote, would be for the Florida Supreme Court to take over the appeal because same-sex marriage has become an issue of great public importance in the state.

“Resolution of the constitutional questions will no doubt impact far more individuals than the two involved here,” the appeals court wrote. “And there can be little doubt that until the constitutional questions are finally resolved by the Florida Supreme Court or the United States Supreme Court, there will be a great impact on the proper administration of justice in Florida.”

The clerk of the Florida Supreme Court immediately opened a case file. However, the high court could refuse to review it, according to Craig Waters, a court spokesman.

Four state courts have already ruled in favor of striking down the ban.  All of those rulings are on hold pending appeal, and state Attorney General Pam Bondi is playing the waiting game, hoping to pass the buck to the U.S. Supreme Court.  But if the Florida court strikes down the ban, it’s done.  And if for some bizarre reason they uphold the ban, there’s still the U.S. Supreme Court.

HT to Riptide.