July 25, 2014
The case was argued earlier this month.
The court noted the long string of wins in court – this decision is the thirty-second win – in striking down the ban:
The recognition that the right to marry encompasses categories of people not traditionally considered to be accorded that right has been slow in coming, but it has become increasingly obvious that it is not constitutionally permissible to deny same-sex couples the right to marry.
The flood of cases that have come out since Windsor amply demonstrates this truth as not one court has found a same-sex marriage ban to be constitutional. As case after case has come out, unified in their well-reasoned constitutional condemnation of the deprivation of one class of person’s right to marry, the answer to the question of whether it is constitutionally permissible to deprive same-sex couples of the right to marry has become increasingly obvious: Of course it is not. Preventing couples from marrying solely on the basis of their sexual orientation serves no governmental interest. It serves only to hurt, to discriminate, to deprive same-sex couples and their families of equal dignity, to label and treat them as second-class citizens, and to deem them unworthy of participation in one of the fundamental institutions of our society.
The journey of our Nation towards becoming “a more perfect Union” does not stop at any particular generation; it is instead a fluid process through every generation. U.S. CONST. pmbl. The Court, therefore, foresees a day when the term “same-sex marriage” is viewed in the same absurd vein as “separate but equal” and is thus forsaken and supplanted by ordinary “marriage.” See Whitewood, 2014 WL 2058105 at *15.
The decision is stayed pending the expected appeal.
Another judge, in Monroe County, recently invalidated the ban. That ruling only applies in Monroe County, and it appears this one applies only to Miami-Dade County.
Thanks to Equality Case Files for these filings