Florida's gay-marriage ban was declared unconstitutional by a federal judge on Thursday. This decision is the first to impose a statewide impact regarding the issue, which orders Florida to permit same-sex couples to marry in the state and to acknowledge other marriages performed elsewhere.

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"When observers look back 50 years from now, the arguments supporting Florida's ban on same-sex marriage, though just as sincerely held, will again seem an obvious pretext for discrimination," writes US District Judge Robert L. Hinkle of Tallahassee in his decision. He further points out that the sacred institution of marriage has not perished upon the approval of interracial marriage. Hence, Hinkle believes that such institution will still survive even when the ban on same-sex marriage has been stricken down.  

"Liberty, tolerance, and respect are not zero-sum concepts. Those who enter opposite-sex marriages are harmed not at all when others, including these plaintiffs, are given the liberty to choose their own life partners and are shown the respect that comes with formal marriage. Tolerating views with which one disagrees is a hallmark of civilized society," he pens.

This ruling came after 22 individuals, which included nine married couples, charged Florida to acknowledge their marriages or provide marriage licenses to those who are qualified. The plaintiffs in the said case comprise eight same-sex partners from Florida and SAVE, an LGBT-rights group. They were represented by American Civil Liberties Union (ACLU) of Florida.  

In a statement, SAVE Executive Director Tony Lima shared the group's appreciation and delight in the judge's decision. "We are overjoyed that the judge ruled on the side of fairness by ordering the state of Florida recognize the legal marriages of the plaintiffs," he stated.

On the other hand, the defendants of the aforementioned case included Gov. Rick Scott and Attorney General Pam Bondi. Greg Blair, the spokesperson for the Scott's reelection campaign disclosed that the governor "respects the many views Floridians have on this issue". In addition, Blair shared that Scott remains firm in his belief on the sanctity of traditional marriage. This belief, he adds, is consistent with the 2008 constitutional amendment ratified by the voters. With respect to Bondi's perspective, spokesman Whitney Ray announced that the attorney general has yet to review the ruling before deciding whether to bring the case to the U.S. 11^th Circuit Court of Appeals in Atlanta.

In rationalizing his decision, Hinkle indicated that the state provided no acceptable argument for defending the struck down law. In reviewing the points raised by the defense, the judge found that the evident root of the opposition against same-sex marriage is from "moral disapproval of the practice".

Hinkle also criticized Bondi's argument that a "critical feature of marriage is the capacity to procreate". In refuting the offered argument by the attorney general, Hinkle commented that many "opposite-sex couples" do not wish or cannot procreate as well. In interpreting this comment, Stephen Rosenthal of Podhurst Orseck in Miami, one of those who represented the eight couples, shared that Hinkle is clearly saying that such argument is a "bogus defense".

However, the Florida Conference of Catholic Bishops came to the defense of Bondi's procreation argument on Thursday. The group insisted that "only the union of a man and a woman in and of itself can bring forth children and thus is the very origin of society". They reminded the public that this aspect is worthy of protection as it will ensure that humanity is both fostered and reinforced.

Hinkle's ruling was also condemned by the Family Research Council (FRC) in Washington. In a statement from FRC Senior Fellow Chris Gacek, he described this decision as a "radical departure from natural law and human history". He added that Hinkle, whom he described as a liberal activist judge, further demoralized the "legitimacy of the courts in the eyes of the American people" by taking the country over the cultural riff. Gacek also forewarned that this ruling will soon be refused by the American public.

At present, data from the national group of Freedom to Marry reveal that LGBT supporters have won more than 30 cases in federal, state, and appellate courts ever since the Supreme Court ruled in favor of Edith Windsor in June 2013. However, the attorney general has until September 22 to appeal the decision. Otherwise, the ruling will take effect.

Tagssame sex marriage, Homosexual, lesbian, Gay, Florida, gay marriage, Robert Hinkle, save, discrimination, Tony Lima, Florida Conference of Catholic Bishops, Family Research Council, Freedom to Marry, LGBT, Edith Windsor, Rick Scott, Pam Bondi