WASHINGTON -- The U.S. Supreme Court on Friday cleared same-sex weddings to start in Florida next month, potentially increasing to 36 the number of states to allow gay marriages as the justices consider whether to rule on the issue nationwide.
A federal judge previously declared Florida's ban on gay marriage unconstitutional and said same-sex marriage licenses could start being issued in the state after Jan. 5 unless the Supreme Court intervened. Florida's Republican attorney general, Pamela Jo Bondi, had asked the high court to block the ruling.
In a one-paragraph order, the court decided not to step into the Florida case. The court gave no explanation for its decision. Justices Antonin Scalia and Clarence Thomas dissented.
The reach of the Aug. 21 ruling by U.S. District Judge Robert Hinkle is a matter of dispute. Although gay-rights advocates have said the decision applies statewide, some opponents said it affects only a single county in Florida's panhandle.
Bondi had said that if the ban were struck down, some -- but not all -- county clerks in Florida would begin issuing marriage licenses, causing confusion throughout the state.
The state clerks association has warned its members that they could be risking misdemeanor prosecution under state law if they issue licenses before the question is fully settled. It is unclear how many plan to take that advice.
State judges in four South Florida counties have declared the same-sex marriage ban unconstitutional, but those decisions are also being appealed by Bondi, and no marriage licenses have been issued.
Nationally, most federal judges and appeals courts have ruled against such state bans, but the 6th U.S. Circuit Court of Appeals in Cincinnati has upheld the right of four states to decide whether to allow gay marriage.
The Supreme Court may say in January whether it will take up any of the five pending appeals that ask the court to decide whether the Constitution guarantees gay-marriage rights. With lower courts divided on the issue, advocates on both sides are seeking high court review.
The high court surprised observers in early October when it rejected calls from advocates on both sides to take up the issue.
In the meantime, the justices have cleared weddings to go forward in much of the country, letting pro-marriage rulings take effect.
Twenty-one people challenged Florida's gay-marriage ban in two lawsuits. Hinkle said the law was unconstitutional, though he delayed the effective date of his ruling for almost six months. The 11th Circuit later refused to extend the delay.
The case is Secretary, Florida Department of Health v. Brenner, 14A650.
Information for this article was contributed by Greg Stohr of Bloomberg News and by staff members of The Associated Press.
A Section on 12/20/2014