Federal Judge Declares Ban on Same-Sex Marriage in Florida as "Unconstitutional", Stays Ruling

A federal judge in North Florida Thursday said that the ban on same-sex marriages in the state was unconstitutional, but stayed the ruling - meaning - same-sex couples are still not allowed to marry in the state.   

Many judges across the United States have taken the side of gay couples who wish to marry. U.S. District Judge Robert L. Hinkle of Florida's Northern District in Tallahassee is the fifth judge in the state to have ruled against the ban on same-sex marriages, but he is the first federal judge to have done so. However, Judge Hinkle's a stay delaying the effect of his order prevents marriage licenses from being issued immediately in the state.

He ruled that the ban - which has been added to Florida's Constitution by voters in 2008 - violates the guarantees of equal protection and due process that the 14th Amendment of the U.S Constitution states, the Associated Press reports.

"The institution of marriage survived when bans on interracial marriage were struck down, and the institution will survive when bans on same-sex marriage are struck down. Liberty, tolerance, and respect are not zero-sum concepts," Hinkle wrote.

The judgement was addressed to two lawsuits that involved 10 same-sex couples, who were mostly married in other states and were seeking recognition of their marriages in Florida.

One of the plaintiffs was a woman named Arlene Goldberg, whose wife had recently died.

In this particular case, federal judge Hinkle made an exception to the stay. He ordered the death certificate of Goldberg's wife to be corrected showing her marriage to her partner of as many as 47 years, Reuters reports.

Judge Hinkle was appointed by President Bill Clinton. He referred to the ban on gay marriage as similar to the prohibitions on inter-racial marriage and said that history might view both events in the same manner.