On New Year’s Day, Florida federal district judge Robert Hinkle, who earlier had overturned Florida’s ban on same-sex marriages, ordered all county clerks to begin issuing same-sex marriage licenses beginning Tuesday, January 6, 2015. Prior to his order, there was confusion over which clerks were allowed to issue the licenses. But on January 1st, Hinkle clarified that his ruling applies to ALL counties.
Judge Hinkle’s Order to Florida’s County Clerks reads:
- “Reasonable people can debate whether the ruling in this case was correct and who it binds.
- There should be no debate, however, on the question whether a clerk of court may follow the ruling, even for marriage-license applicants who are not parties to this case.”
Because of this order, and Hinkle’s previous August ruling overturning the ban, gay and lesbian couples in Florida can get marriage licenses on January 6, ending a long battle that included almost a dozen lawsuits, most of which are still being heard by Florida appeals courts.
What does this mean for gay couples planning their estates in Florida?
- Florida State and federal laws affect how couples own property together, who gets whichassets when one member of a couple dies, how taxes are calculated and paid, and who has the right to make health care decisions if one member of the couple becomes incapacitated in Florida.
- Generally, laws protect spouses in all these situations.
- For example, spouses have a right to visit each other in the hospital, and to inherit from one another.
- They get tax breaks as well.
- Check with your probate and estate planning legal professional to find out how Judge Hinkle’s ruling affects you.
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