Federal judge affirms gay marriage ban is unconstitutional after Florida officials resist compliance
Although gay marriage has been legal in Florida for more than a year and the law nationwide since last summer, a U.S. District Court judge ruled definitively this week that Florida’s ban on same-sex marriage is unconstitutional.
Judge Robert L. Hinkle said that Gov. Rick Scott’s administration and the state Legislature need to recognize that and also start treating same-sex couples the same as heterosexual couples in all aspects of law.
Hinkle wrote that he was compelled to grant summary judgment in a long-standing lawsuit challenging the constitutionality of Florida’s same-sex marriage ban because state officials have shown little, if any, inclination to accept and follow last summer’s U.S. Supreme Court ruling and the implications of it.
“After the United States Supreme Court issued [its ruling], one might have expected immediate, unequivocal acceptance,” Hinkle wrote. “Not so for the State of Florida.”