BREVARD COUNTY, Fla. — County court clerks in Florida are preparing to issue marriage licenses to same-sex couples starting next week, but there is a bit of a controversy at the Brevard County Clerk of the Court Office.
Channel 9 has learned that Brevard County's Clerk of the Court Scott Ellis has a question for his employees that some believe could violate their privacy.
Soon people who work in the clerks' offices could make history by issuing same-sex marriage licenses. But before they have the green light, some people who work in the Brevard County office will have to answer the question, "Will you issue marriage licenses to same sex couples once the clerk is allowed to do so?"
Employees were given two choices, "Yes" or "No; I have a faith-based opposition to issuing licenses to same-sex couples."
"It looks and appears as though he has some concerns about what some of his employees may be saying or not saying," said WFTV legal analyst Belvin Perry.
Channel 9's Deneige Broom asked Perry, a former judge, if that is a question the county should be asking its employees.
"You've got to take into consideration this evolving case law that's coming out of the U.S. Supreme Court, and the lines are blurred so you probably have the clerk, Mr. Ellis, just wanting to be cautious," said Perry.
Perry said he believes some of that caution could be from the Supreme Court's ruling in favor of Hobby Lobby not having to include all forms of contraception in its medical plan, based on religious views.
Perry also said the employees who are being forced to sign could argue that the question violates their privacy. He said if he were an employee he would not sign the form.
"That's going to be public record that goes into someone's personnel file where people can actually access that and they may be left up to scorn or ridicule," said Perry.
A representative for the clerk's office told Broom that Ellis wanted to identify the people who would issue licenses and perform ceremonies in order to adjust job responsibilities.
He said if someone checks "No" and are not willing to perform ceremonies, that employee won't be allowed to issue marriage licenses to anyone in the county.
Broom asked if that's the only part of their job that could change. The representative said they'll make that decision on a case-by-case basis.
He said their work with divorces and deeds could be affected and that could lead to, "human resource decisions".
WFTV
