ORANGE COUNTY, Fla. — An Orange County judge issued an order Wednesday paving the way for a county clerk to issue same-sex marriage licenses starting Jan. 6.
An emergency petition filed by Orange County Clerk of Court Tiffany Moore Russell on Tuesday asked for clarification as to whether her office had the legal authority to perform same-sex marriages.
On Wednesday, Judge Timothy Shea came back and issued an order granting the petition, which will essentially pave the way for the clerk’s office to start issuing same-sex marriage licenses next week.
Moore Russell's office will be able to issue the licenses unless some other court of higher jurisdiction—either federal court or the 5th District Court of Appeal—steps in and says she cannot.
“It was very smart for her to do it, when you have various sides with various opinions,” said WFTV legal analyst Belvin Perry.
Orange County residents Ted Maines and Jeffrey Miller chose to get married in New York last year because gay marriage was not legal in Florida.
They said that will change when Florida’s gay marriage ban expires next week.
“It makes a big difference. We want to be married here, where we live,” Maines said.
Conservative groups have argued lifting the same-sex marriage ban only applies to Washington County where the legal challenge.
In a statement released Wednesday, the president of the Florida Family Policy Council called the actions of Moore Russell and Shea “irresponsible” and said they showed” an utter disregard for the law.”
WFTV
