Same-sex couples residing in Florida could get married next month after a three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta lifted the gay-marriage ban on Wednesday.
In August, Tallahassee Judge Robert L Hinkle ruled against the ban in Florida's Constitution and said it was an obvious form of discrimination. However, Hinkle stayed his decision until January 5, 2015, to give the state of Florida the chance to appeal the case.
In his decision, Hinkle argued that liberty, respect and tolerance are premium and should not be considered as zero-sum concepts. He said the partners in a same-sex union should be accorded the same respect and privileges that comes from traditional marriages.
On Wednesday, the federal court quashed the request of Florida's clerk of court and secretaries of health and management services to extend the stay.
Howard Simon, Florida's ACLU executive director, lauded the decision of the court for making it clear that the ban harms people's rights, especially members of the LGBT community.
"This is a clear victory for us because it finds the harm is being done to the people, not the state," said Simon, who was quoted by the Tampa Bay Times.
Simon legally represents same-sex couples in Florida and SAVE, a gay-rights organisation. SAVE is the organisation known for suing the Florida and compelling the Sunshine State to acknowledge out-of-state legal unions of same-sex couples.
In a press statement, Tony Lima, SAVE's executive director, echoed Simon and said the court's decision is a "relief" for same-sex couples in the state who are married but whose unions are not recognised in Florida.
Meanwhile, Jennifer Meale, the spokesperson of Florida's Attorney General Pam Bondi, said they are reviewing the federal court's ruling.
John Stemberger criticised the appeals court ruling and said it was wrong about the issue. Stemberger is president of the Florida Family Policy council, the group that supported the amendment of Florida's constitution in 2008 to include the gay marriage ban, which was approved by 62 per cent votes.
Ron Saunders, legal counsel of Amy Heavilin, the Court of Clerk of Monroe County, said they are prepared to issue marriage licenses if a surge in applications takes place.
"We've had to change the vows from husband and wife, made sure everyone knew the procedures. ... We're ready to do whatever is legal," Saunders told the Miami Herald.
