Even though many recent polls suggested that upwards of 60% of all Americans
were in favor of same-sex marriage legalization, the debates that sparked
after the June 26th ruling are bringing attention to just how hotly contested the issue really
is. The source of the disagreements can even be seen in the Supreme Court’s
ruling itself, as four of the nine justices voted against the decision.
Nearly a Month Later, What is Happening Now?
There are numerous reports of county clerks refusing to give marriage licenses
to same-sex couples who come to their office, despite the ruling being
a national mandate. In order to avoid punishment, they are using a legal
loophole that allows them to pass along the responsibility to their superiors.
Several religious groups are also sidestepping the issue by not allowing
same-sex couples to be married on their property, or by refusing to use
their priests or ministers during same-sex marriage ceremonies. This is
also not illegal, despite the ruling, as there is no law in place that
says a particular member of the cloth or specific locations are required
for a marriage to be official.
Let us take Alabama for example. This state’s own Supreme Court issued
a writ of mandamus in reaction to the ruling. This legislation allows
local governments and parties time to file motions addressing the issue
by temporarily suspending all same-sex marriages in the state for 25 days.
Some three weeks later at the time of this entry’s creation, the
writ has nearly expired and there is no official word on whether or not
it will affect Alabama’s ability to refuse the decision or not.
Marriage and Divorce Rights Addressed
It is important to note that same-sex couples simultaneously won the right
to divorce, regardless of what state they lived in. This was seen as a
bittersweet victory for many same-sex couples who wanted to end their
marriages but previously could not due to state boundaries. If you live
in Florida and would like to find supportive legal counsel in regards
to family law issues, including divorce, and how they pertain to same-sex couples,
contact Your Advocates & Powell, Jackman, Stevens & Ricciardi, P.A. today. Our Fort Myers divorce attorneys can help you get through your
most difficult times with confidence.