Key West couple asks Fla. Supreme Court to rule on same-sex marriage ban
Attorneys for Aaron Huntsman, William Lee Jones seeking 'pass through' jurisdiction
MIAMI – A Key West couple is asking a Florida appellate court to fast track a ruling on the same-sex marriage ban to the Florida Supreme Court.
The attorneys for Aaron Huntsman and William Lee Jones filed a suggestion Monday for the Miami-based Third District Court of Appeal to exercise "pass through" jurisdiction and certify the order under review directly to the state's high court.
Last week, the appellate court refused to invalidate a Monroe County judge's decision to stay his own ruling overturning the state's 2008 constitutional amendment banning same-sex marriage.
Judge Luis M. Garcia ruled that Florida's ban on same-sex marriage is unconstitutional and that marriage licenses could be issued to gay couples in Monroe County beginning last week.
However, Attorney General Pam Bondi immediately filed notice of appeal, triggering an automatic stay that prevents any same-sex marriages until a potentially months-long appeals process is resolved.
Bernadette Restivo and Elena Vigil-Farinas, who represent Huntsman and Jones, sought an emergency motion to lift the stay last Monday, but Garcia rejected it.
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