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Same Sex Couples Fight Extended Legal Stays

TALLAHASSEE (CBSMiami/NSF) - Pointing to an "avalanche" of court rulings, attorneys for same-sex couples have asked a federal appeals court to reject Attorney General Pam Bondi's attempt to at least temporarily extend Florida's ban on gay marriage.

U.S. District Judge Robert Hinkle in August ruled that the ban was unconstitutional but placed a stay on his decision to allow time for appeals. That stay is scheduled to expire January 5th.

Bondi last month asked the 11th U.S. Circuit Court of Appeals to keep the stay in place until appeals are complete. But in two filings last week, attorneys for same-sex couples requested that the appeals court let the stay expire.

In part, they pointed to federal court rulings that struck down similar gay-marriage bans in other states.

"The (plaintiffs) and same-sex couples across the state are subjected to irreparable harm every day they are forced to live without the security and protections marriage provides,'' said one of the documents, filed last week by American Civil Liberties Union attorneys who represent one group of plaintiffs.

"As they wait, children will be born, partners and spouses will get sick, and some will die. Each day that passes, some people will pass away without ever having been able to marry the person they love or to have their marriage recognized in their home state, depriving their surviving spouse of important protections."

The News Service of Florida contributed to this report.

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