Equality Florida & NCLR To Clerks: You Are Compelled To Issue Marriage Licenses

Equality Florida and the National Center for Lesbian Rights today issued a joint memo to all 67 Florida county clerks. From the concluding paragraph:

Florida county court clerks should follow Judge Hinkle’s ruling and issue marriage licenses to same-sex couples beginning January 6, 2015. The advice provided to the Clerks Association in legal memoranda from a private law firm is incorrect in key respects, including in failing to acknowledge that: (1) a federal court order is binding not only on the parties to the case, but also on all “persons who are in active concert or participation with” any of the parties; (2) non-party government officials may choose to comply with a federal district court ruling that a law is unconstitutional, even when they are not technically bound by the ruling; (3) an unconstitutional law is void and unenforceable; and (4) county clerks who follow Judge Hinkle’s ruling could not be held criminally liable for doing so because they would not have the required specific criminal intent.

Read the full memo.