The Attorney General argues that a stay will serve the public interest by avoiding the confusion and inconsistency that will result from an on-again, off-again enforcement of marriage laws. The court finds that the state’s interesting in refusing recognize the plaintiff’s same-sex marriage or in allowing same-sex marriage is insufficient to override the plaintiffs’ interest in vindicating their constitutional rights. The public interest does not call for a different result. In its discretion, however, the court recognizes the value of allowing the Eleventh Circuit an opportunity to determine whether a stay is appropriate. Accordingly, although no indefinite stay issues today, the court will allow the Attorney General time to present his arguments to the Eleventh Circuit so that the appeals court can decide whether to dissolve or continue the stay pending appeal (assuming there will be an appeal.) The preliminary injunction will be stayed for 14 days.
Surprising and very disappointing.