Constitutional Law

Law firms say they will perform free same-sex marriage ceremonies if court clerks won't

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Updated: Amid uncertainty about whether court clerks throughout Florida will begin performing same-sex marriages this week, at least two law firms have stepped into the breach.

Fleet and Smith says it has a dozen people who are qualified to officiate at weddings and will ask for more volunteers from outside the firm to officiate if necessary, the Daily News reports.

“If they want to be married at the clerk’s office and the clerk is not willing to perform that service, we’re willing to perform that service for free,” partner Bart Fleet of the Shalimar firm told the newspaper.

In Tallahassee, trial lawyer Eric Block calls a decision by the Duval County clerk of courts not to perform weddings, period, an embarrassment and says his law office also will perform same-sex weddings free of charge. He is hoping businesses will cooperate to help provide a more impressive setting.

“I’m sorry that all I have to offer right now is a law office. I hope we can do better than that. We want it to be meaningful,” he told First Coast News.

A federal judge in Tallahassee ruled in August that the state’s ban on same-sex marriage is unconstitutional, but initially stayed his ruling.

Even after the stay expires, some clerks are questioning whether they should perform same-sex marriages.

Florida’s attorney general, who is appealing the ruling by U.S. District Judge Robert L. Hinkle, as well as a number of state court rulings, said last week that she will not “stand in the way as clerks of court determine how to proceed,” the Tampa Bay Times reports.

However, some court clerks have said they will stop performing all marriages to avoid officiating at the weddings of same-sex couples, the Associated Press reports.

Related coverage:

ABAJournal.com: “‘Immediate and severe’ action is taken against lawyer for firmwide email condemning gay marriage”

Miami Herald (sub. req.): “Federal judge: Florida gay-marriage ban unconstitutional”

Miami Herald (sub. req.): “Jeb Bush on court-ordered gay marriages in Florida: “It ought to be a local decision”

Updated at 9:10 a.m. to add information from Associated Press story and at 1:25 p.m. to add information from First Coast News and link to Eric Block law firm page.

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