MIAMI (CBSMiami/AP) — This week, Clerks of Courts will start issuing marriage licenses to same-sex couples in Florida.
A judge’s order lifted the stay on the same-sex marriage ban in Florida.
In the heart of South Florida’s LGBT community, excitement is building as Tuesday draws closer.
“I think it’s very exciting and it’s about time,” said Jeff Gapinksi with Georgie’s Alibi. “I’m looking forward to it because I went to New York state to get married to my husband and now we’ll finally be recognized in the state of Florida.”
The right for same-sex couples to marry began long ago.
Steve Schlariet and Ozzie Russ say they never sought the spotlight of social activism, the spotlight found them. The rural Florida Panhandle couple could become the first gay men granted a license to marry.
Together nearly 20 years and united during a commitment ceremony in Fort Lauderdale in 2001, the men live a quiet life raising horses and dogs on their central Panhandle ranch. When friends approached them about joining a lawsuit challenging the state’s gay marriage ban, Schlariet, 66, and Russ, 48, were a bit reluctant — Russ jokes about how Schlariet briefly balked at walking into the county clerk’s office and requesting a marriage license back in March.
The duo gathered their courage, entered the small office and asked to be married. They were told Washington County could not issue them a marriage license because Florida does not allow same-sex marriages. That rejection became the basis for a lawsuit that a led to the decision by a federal judge allowing them to marry.
“We don’t think of ourselves as activists, but we didn’t want to look back and feel that we could have a made a difference and instead copped out,” Schlariet said. “Back when we filed this lawsuit, we didn’t think it would affect millions of people, but it feels good to know that that is what has happened.”
U.S. District Judge Robert Hinkle used the lawsuit, filed on behalf of Schlariet and Russ and a same-sex Tallahassee couple who wanted their Canadian marriage recognized by Florida, as the basis for his Aug. 21 ruling that the state’s same-sex marriage ban — overwhelmingly approved by voters in 2008 — is unconstitutional. Hinkle stayed his ruling until Tuesday.
County clerks throughout the state are expected to begin issuing same-sex marriage licenses when the stay expires after Hinkle clarified his ruling on New Year’s Day. Attorneys representing an association of county clerks had claimed the ruling only applies to the specific couples mentioned in the lawsuit, but Hinkle said the ruling applies to all 67 Florida counties.
Reaction to Schlariet and Russ’ legal quest in this rural, Panhandle enclave has been mixed. When the couple moved to Washington County for Schlariet’s job in 2004, they mostly kept their relationship to themselves and only told people that they were a couple when it was necessary. Schlariet is a retired hospital executive and Russ works in fast-food management.
“We were a little concerned about dealing with the situation and we wanted people to get to know us before we came out,” Russ said.
A decade later, the couple says they are happy in the town, have made many friends and have not experienced any overt acts of hostility because of their sexual orientations. Each year they host a Christmas party for about 150 friends from the area and only one other couple attending is gay.
Filing the lawsuit opened the couple to a different level of scrutiny from both inside and outside their rural community. With about 25,000 residents, Washington is one of Florida’s least-populated counties.
Outside the Chipley Wal-Mart on a busy afternoon, most shoppers knew about the couple. Many had strong opinions about the lawsuit.
“It just isn’t Biblical. It would suit me if this wasn’t happening in Washington County,” said Randy Whittaker, a lifelong resident of the area.
“The Bible says Adam and Eve, not Adam and Steve,” he added.
But fellow shopper Steve Keator, also a longtime resident, said the lawsuit made him proud of his community.
“I know we come across as a kind of red-necky place, but I think this is great thing,” he said. “I am straight, but I believe in what they are doing and would like to shake their hands.”
Jacksonville-based civil rights attorney Betsy White, who represents both couples in the lawsuit, said the men can be proud of the path they have cleared for others to follow.
“Cases such as these generate a lot of emotion and a lot of hostilities. If you are a plaintiff, you can become a magnate for that,” she said.
“These guys are pioneers. They stood up and said ‘we are not going to take this anymore’. You have to be strong and your relationship has to be strong to do that.”
With the new marriages taking place, businesses that profit from weddings could see a boom in business.
“Who wouldn’t want to come down from the cold weather to be in sunny weather to get married with palm trees and a beach,” added Gapinksi.
Tuesday morning, a group wedding will take place at the Central Courthouse in Broward County.
Tuesday night, at Botanical Garden on Miami Beach, hundreds of married same-sex couples will renew their vows.
On January 10th at 10:00 a.m., a massive ceremony will be held at Unity on the Bay in Miami for all same-sex couples. Private ceremonies will also be held after 2:00 p.m.
For those who would like to be a part of this event you can register at www.unityonthebay.org.
In Broward County, the clerk’s office will begin issuing same-sex marriage licenses and performing same-sex marriages at the Central Courthouse beginning January 6 at 12:01 a.m.
In Miami-Dade County, one last court hearing will need to take place to determine when the licenses will be issued.
Judge Zable will rule whether a stay will be lifted in the County or not.
If it is lifted, the Clerk’s office is prepared to issue licenses right away, if it is not, the County will issue the licenses Tuesday morning at 9 a.m. at seven locations. Office hours will still apply in Miami-Dade County.
The main office is at 140 W Flagler Street. Six additional district offices will be open.
The marriage application is available online.
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