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Florida Will be 36

December 23, 2014

Same-sex marriage will become legal in Florida on January 5, making Florida the 36th marriage equality state.

On August 21, 2014, United States District Judge Robert Hinkle issued a preliminary injunction ordering Florida officials to stop enforcing Florida’s statutory and constitutional ban against same-sex marriage. A preliminary injunction is issued pending the conclusion of a case, when the plaintiffs show that they are likely to win the case. Even though Judge Hinkle’s injunction was only preliminary, his ruling clearly stated his conclusion that marriage equality is required by the United States Constitution, which supersedes contrary provisions of state law.

Judge Hinkle stayed his injunction until January 5, to allow for appeals. The state officials asked the federal Court of Appeals for the Eleventh Circuit to extend the stay, but the Court of Appeals refused, on December 3. The state officials then asked the Supreme Court to extend the stay, but that court refused also, on December 19, with only Justices Clarence Thomas and Antonin Scalia dissenting.

With the state’s options exhausted, Judge Hinkle’s stay will expire on January 5, his preliminary injunction will go into effect, and same-sex marriage will become legal across the state of Florida, the third most populous state in the country. On January 5, more than 70 percent of Americans will live in marriage equality jurisdictions.

Meanwhile, the Supreme Court at its conference session on January 9 will consider whether to hear appeals from the Sixth Circuit Court of Appeals. On November 6, 2014, that court upheld same-sex marriage bans in four states, setting the stage for the Supreme Court to rule, once and for all, that marriage equality is constitutionally required.

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