A judge in the Florida Keys overturned the state’s constitutional ban on same-sex marriage on Thursday after a legal challenge by gay couples said it effectively made them second-class citizens.
The ruling by Circuit Judge Luis M. Garcia applies only to Monroe County, which primarily consists of the Keys, and will certainly be appealed. The lawsuit contended that the same-sex marriage ban approved overwhelmingly by voters in 2008 violated the federal 14th Amendment’s guarantee of equal protection under the law. The judge said licenses could not be issued until Tuesday at the earliest.
Attorney General Pam Bondi and ban supporters argued that the referendum vote should be respected and that Florida has sole authority to define marriage in the state. The Florida amendment defined marriage solely as a union between one man and one woman.
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