Orlando County Clerk of Court Tiffany
Moore Russell can begin issuing marriage licenses to gay and lesbian
couples on Tuesday as planned, a judge has ruled.
A federal judge's ruling striking down
Florida's gay marriage ban takes effect next week. But state
officials continue to argue that the ruling only applies to one
county.
(Related: Florida
wants judge to decide scope of gay marriage ruling.)
Russell “respectfully requests this
Court enter an order determining that she is within her legal right
to issue same-sex marriage licenses on January 6, 2015,” she wrote
in filing an emergency petition for declaratory judgment.
“That in issuing a same-sex marriage
license the Honorable Tiffany Moore Russell, Orange County Clerk of
Court for Orange County, Florida would not be engaging in a violation
of either criminal or civil laws of the State of Florida,” Judge
Timothy R. Shea wrote in granting the petition. “Specifically, the
clerk would not be engaging in any element sufficient to justify a
conclusion that there was any intent to engage in any criminal act
nor was there any violation of any oath of office.”
(Related: Florida
group sues to stop Orlando officials from issuing marriage licenses
to gay couples.)