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[Amir0x]

MIAMI (AP) — A Florida judge on Friday overturned the state's ban on same-sex marriage in a ruling that applies to Miami-Dade County, agreeing with a judge in another county who made a similar ruling last week.

The ruling issued by Circuit Judge Sarah Zabel mirrors the decision made earlier by Monroe County Circuit Judge Luis Garcia. Both judges found the constitutional amendment approved by Florida voters in 2008 discriminates against gay people and violates their right to equal protection under the law guaranteed by the U.S. Constitution's 14th Amendment.

"Preventing couples from marrying solely on the basis of their sexual orientation serves no governmental interest," Zabel wrote. "It serves only to hurt, to discriminate, to deprive same-sex couples and their families of equal dignity, to label and treat them as second-class citizens, and to deem them unworthy of participation in one of the fundamental institutions of our society."

The effect of Garcia's ruling was put on hold when Republican Attorney General Pam Bondi filed notice of appeal. Zabel also stayed the effect of her ruling indefinitely to allow time for appeals, which could take months. The upshot is that no marriage licenses will be issued for gay couples in either county any time soon.

Both judges were appointed by former Republican Gov. Jeb Bush and re-elected subsequently.

The legal battleground will next shift to the Miami-based 3rd District Court of Appeal for both cases, and most likely after that to the state Supreme Court.

Same-sex ban supporters argue that the referendum vote should be respected and that Florida has sole authority to define marriage in the state. The Florida amendment defined marriage as a union between one man and one woman.

Gay marriage proponents have won more than 20 legal decisions around the country since the U.S. Supreme Court struck down the federal Defense of Marriage Act last year, although those rulings remain in various stages of appeal. Many legal experts say the U.S. Supreme Court may ultimately have to decide the question for all states.

Bondi said in a statement about the Monroe County case that "with many similar cases pending throughout the entire country, finality on this constitutional issue must come from the U.S. Supreme Court."

Nineteen states and the District of Columbia allow gays to marry.

Republican Gov. Rick Scott has said he supports the amendment but opposes discrimination. His top Democratic challenger, former Gov. Charlie Crist, supports efforts to overturn it.

Florida has long been a gay rights battleground. In the 1970s, singer and orange juice spokeswoman Anita Bryant successfully campaigned to overturn a Dade County ordinance banning discrimination against gays. The county commission reinstated those protections two decades later.

In 1977, Florida became the only state prohibiting all gay people from adopting children. A state court judge threw out that law in 2008, finding "no rational basis" for that ban, and two years later, the state decided not to appeal, making gay adoption legal.

Gay marriage opponents said the rulings overturning the same-sex marriage ban disenfranchise nearly five million voters — the 62 percent who approved it nearly six years ago. Repealing the amendment would require at least 60 percent support.

"With one stoke of a pen, a mere trial judge has attempted to overthrow an act of direct democracy by five million Floridians who defined marriage as the union of one man and one woman," said John Stemberger, president Florida Family Policy Council, which pushed for passage of the amendment.

The cities of Orlando, Miami Beach and Key Biscayne filed legal papers supporting the gay couples' quest to have the marriage ban ruled unconstitutional. A separate lawsuit is pending in Tallahassee federal court seeking to both overturn Florida's gay marriage ban and force the state to recognize same-sex marriages performed in other states.

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[Ahasverus]

Suicide lines over capacity.

 

[CharminUltra]

(Not really, but I was itching to use this gif)

 

[NYCmetsfan]

Awesome news! Hopefully crist wins in November, the ban gets overturned and gay couples don't have to wait for the eventual supreme court case.

In 1977, Florida became the only state prohibiting all gay people from adopting children. A state court judge threw out that law in 2008, finding "no rational basis" for that ban, and two years later, the state decided not to appeal, making gay adoption legal.

That was crist wasn't it?

 

[Fenderputty]

Umm so I like the penny GIF and all, but the devil swinging a chainsaw is better.

Good on florida.

 

[Klaymator14]

what happened to the dean pelton chainsaw gif

 

[Amir0x]

Umm so I like the penny GIF and all, but the devil swinging a chainsaw is better.

Good on florida.

do with it what you will:

 

[B-Dubs]

Awesome news! Hopefully crist wins in November, the ban gets overturned and gay couples don't have to wait for the eventual supreme court case.



That was crist wasn't it?

It sure as hell wasn't Voldemort.

 

[Fenderputty]

My day is complete now Ami thanks

 

[BronsonLee]

Great! Now Miami Dade county can focus on catching the Bay Harbor Butcher

 

[krypt0nian]

After the Keys, this makes two judge's decisions.

Check out Equality Florida for more on FB.

 

[Fenderputty]

Wait, am I reading this right? A Republican-appointed judge supports gay marriage?

I think more than a few of these federal judges stopping the bans have been former Bush appointees.

 

[Kusagari]

Wait, am I reading this right? A Republican-appointed judge supports gay marriage?

The guy who has wrote every major gay rights ruling in recent memory was appointed by the "conservative king" Ronald Reagan.

 

[Amir0x]

Great! Now Miami Dade county can focus on catching the Bay Harbor Butcher

lol like that is ever going to happen

Dexter could open up a lumberjack yard in the middle of Miami Dade County and they still wouldn't find him

 

[Wilsongt]

Wait, am I reading this right? A Republican-appointed judge supports gay marriage?

Believe it or not, not all Republicans loathe gays. They are just the silent majority.

 

[Spinluck]

Great! Now Miami Dade county can focus on catching the Bay Harbor Butcher

They gave up after the 4th season.

 

[Kai Dracon]

Believe it or not, not all Republicans loathe gays. They are just the silent majority.

There seems to be a slowly but steadily growing number of Republicans who have woken up and realized the leadership is yelling "freedom from government" while simultaneously advocating theocracy now! - drafting laws to lock down and control people they have social and religious differences with.

And regardless of their personal opinion about stuff like homosexuality, the sheer hypocrisy of the situation has become too much.

 

[Tamanon]

Like there are any gay men in Miami to begin with. Ruling won't have any impact!

 

[Escape Goat]

 

[Log4Girlz]

So if you ban gays from marrying, straight couples are unaffected. If you allow gays to marry. .. straight couples are unaffected. .. wait where is the issue.

 

[Crayons]

So if you ban gays from marrying, straight couples are unaffected. If you allow gays to marry. .. straight couples are unaffected. .. wait where is the issue.

You see the problem is that if gays are allowed to marry, my relationship with my goat feels devalued.

 

[Gordon Shumway]

I haven't been to that beach in over 5 years..that's real?

 

[sangreal]

I mostly click on these threads to see what gif the OP will use and I'm glad to see a return to form w/ the dancing gif

 

[Gordon Shumway]

So if you ban gays from marrying, straight couples are unaffected. If you allow gays to marry. .. straight couples are unaffected. .. wait where is the issue.

Straight couples with divorce and become sexual deviants..guys and gals will be 69ing people of the same sex left and right uncontrollably!