U.S. District Judge Robert Hinkle has decided his ruling that struck down Florida's same-sex marriage ban will remain on hold until January 5.
Hinkle ruled in August that Florida's ban was unconstitutional, but he placed a stay on the ruling, keeping same-sex couples from marrying while the state appeals the decision to the U.S. Court of Appeals for the 11th Circuit. The American Civil Liberties Union of Florida last month asked for the stay to be lifted, arguing that the Supreme Court’s decision to let several pro-equality rulings stand paved the way for marriage equality in Florida.
“The plaintiffs assert the stay should be lifted immediately or in any event within seven days,” Hinkle wrote in his decision, issued Wednesday. “This would leave the Eleventh Circuit insufficient time to make a considered judgment on whether the stay should remain in place and thus would be inconsistent with the public interest in implementing just once the constitutional decision on same-sex marriage in Florida.”
Hinkle’s stay on marriage in Florida means Gov. Rick Scott and Attorney General Pam Bondi can continue their fight against marriage equality. Daniel Tilley, an attorney for the ACLU of Florida, shared his analysis.
“We are disappointed that the day in which all Florida families are treated with fairness and dignity under the law is not happening sooner,” Tilley said in a statement. “But that day is still coming.”