The Washington County Clerk of Courts would like a court to answer two key questions when it comes to issuing marriage licenses to same sex couples on Jan. 6.
First, should the Clerk issue licenses to just Stephen Schlairet and Ozzie Russ, the plaintiffs in the lawsuit, or should her office issue licenses to all same-sex couples who apply once the stay expires?
Second, should county clerks of court around the state issue licenses to same-sex couples, or does the order just apply to Washington County?
James Goodman, attorney for former Washington County Clerk of Court Harold Bazzell, filed a motion for clarification on those points to the U.S. District Court for the Northern District of Florida Dec. 23.
The motion asks for the matter to be expedited, “Because this matter presents issues that are extremely time sensitive and require immediate resolution, and because there are criminal penalties associated with the issuance of marriage licenses to same-sex couples in the state of Florida which would place the Clerk in immediate jeopardy if she inadvertently acts outside the scope of the Injunction.”
Note: Bazzell is listed as the defendant in the case, but Lora Bell is the newly-elected and current Clerk in Washington County. Read the full motion here: emergency motion
On Dec. 3, the 11th District Court of Appeals denied the state’s request to extend a stay on same-sex marriages. That means the stay, put in place by U.S. District Judge Robert Hinkle, expires Jan. 5 – at the end of the day, so marriages wouldn’t actually begin until Jan. 6.
Judge Hinkle put the stay on his August ruling that Florida’s ban on same-sex marriage is unconstitutional.
