Image Credit to The Federal Society

The issue on gay marriage has become a hot topic in the United States over the last decade. Nineteen states officially allow gay marriage starting with Massachusetts, which legalized same-sex marriage by court decision in 2004. There are 16 countries across the world that allow and officially recognize same-sex couples. In 2001, the Netherlands became the first country in the world to legalize gay marriage.

Recently, the issue has sprung up in Key West, Florida. Two men, William Lee Jones and Aaron Huntsman, went to court because they believe that Florida’s constitutional gay-marriage ban made in 2008 violates their rights. On July 17, Monroe Chief Circuit Judge Luis Garcia ordered that these men be allowed to marry, consequently overturning the same-sex marriage ban.

“The court is aware that the majority of voters oppose same-sex marriage, but it is our country’s proud history to protect the rights of the individual, the rights of the unpopular and rights of the powerless, even at the cost of offending the majority,” Judge Garcia wrote.

Because Judge Garcia is the Chief Circuit Judge of Monroe County, his judgments are subject to appeal. Florida Attorney General Pam Bondi used her position to request an appeal of Garcia’s decisions. Attorney General Bondi suggested that this constitutional issue should be decided upon by the US Supreme Court instead of a lower court judge.

Due to Attorney General Bondi’s appeal, Judge Garcia’s overturn of Florida’s ban was frozen, and he did not lift the stay. This meant that same-sex marriage licenses were not being issued. Judge Garcia won’t overturn the stay because he also wants the United States Supreme Court to address the issue. In spite of this, Mr. Jones and Mr. Huntsman filed an emergency motion to attain a license before the appeal was heard but Judge Garcia declined.