FL’s AG Bondi asks state supremes to rule

Timothy Kincaid

October 13th, 2014

Florida Attorney General Pam Bondi (R) has been defending her state’s ban on same-sex marriage in a way that has infuriated anti-gay activists. She simply refuses to make wild claims about how evil gays are going to destroy society or how states have really really good reasons – totally not bigoted reasons – for keeping Teh Ghays away from marriage.

Instead, she argues that the state has the right to set marriage laws for themselves.

In July, Monroe County Circuit Judge Luis Garcia found that argument lacking. He further found that the wacky amicus briefs arguing that gay marriage would just ruin everything for everyone were evidence that anti-gay laws are based in animus. In July, Miami-Dade Circuit Judge Sarah Zabel found the same.

This was followed by Federal Judge Robert Lewis Hinkle who found the ban unconstitutional in Federal Court.

Here’s where things get a bit interesting.

Bondi appealed the federal decision to the Third Eleventh Circuit Court of Appeals. She also appealed the state decisions at the Florida Supreme Court. The plaintiffs were urging the Florida State Supreme Court to hear the case expeditiously, but Bondi requested that they hold off on ruling until the US Supreme Court took up one of the appeals that were before it, either the Fourth, the Seventh or the Tenth.

But SCOTUS chose not to hear any of those appeals. And today Bondi took a surprising step. (Miami Herald)

In a startling move Monday night, Florida Attorney General Pam Bondi asked the Florida Supreme Court to decide once-and-for-all whether same-sex couples can marry in the Sunshine State.

“That is unquestionably an important issue, and the Plaintiffs, the State, and all citizens deserve a definitive answer,” Bondi’s office wrote in a 6 p.m. filing to the Florida Supreme Court. “Until recently, the issue was squarely before the United States Supreme Court, and it appeared that a definitive answer was coming. … Unfortunately, the United States Supreme Court decided not to answer the question.”

Bondi’s “once and for all” language suggests that she expects an outcome that would withhold further review. In other words, it appears that Bondi thinks that the decisions will be upheld and the ban will be found unconstitutional. And it also appears that the state court is the quickest way for this to be accomplished.

The decision requires approval by the US Circuit Court. But it now seems ever more likely that marriage equality will come for Florida sooner rather than later.

enough already

October 13th, 2014

As I can think of now possible way to express my feelings on this without calling this woman names you don’t permit on this blog, I think I’ll let this thread go.
But, wow – even for a Christian, this one is hatred, pure hatred.

Nathaniel

October 14th, 2014

Can someone explain how a State Supreme Court can rule a State Constitutional Amendment to be unconstitutional? Wasn’t that the point of the constitutional bans in the first place – to keep State Courts out of the matter? This is the second constitutional ban we are likely to see struck down by a State Supreme Court, but I find this difficult to understand, legally.

Ben in oakland

October 14th, 2014

They can rule on the basis of the US Constitution.

Richard Rush

October 14th, 2014

Can a State Supreme Court overturn an amendment because it violates broad fundamental provisions of that state’s constitution?

Nathaniel

October 14th, 2014

Richard, when a state judge in Arkansas ruled against the state ban, I was told it was because special wording in the Arkansas constitution allowed the state courts to overturn amendments that, in your words “violates broad fundamental provisions of that state’s constitution.” However, if this were the case in most state constitutions, you would think anti-gay groups would be more hesitant to fight same-sex marriage via constitutional amendments (i.e. what’s the point if the amendment, which takes more time and money, can be as easily overturned as a simple statute?).

Timothy Kincaid

October 14th, 2014

Nathaniel,

I believe that a state Supreme Court can resolve conflicting portions of a constitution.

For example, if the constitution read “all people over 6′ must wear green hats” and also “no people over 6′ may wear green hats”, then they are the body which determines the wearing of green hats.

Also, I believe a state Supreme Court can find that a state law or even a state constitution is in violation of the US Constitution.

If the state constitution said “Jews cannot wear green hats”, the state could toss that out irrespective of whether a case was filed in a federal court.

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