Florida's Attorney General Pam Bondi has filed a motion appealing Broward County Judge Dale Cohen's ruling that struck down the state's ban on same-sex marriage. Judge Cohen stayed his ruling for 30 days, allowing the state time to appeal before his ruling would take effect. If the state did not appeal, same-sex marriages were said to be allowed to commence in Florida's second-most populous county. However, Judge Cohen later vacated his ruling upon learning that Bondi's office was not properly notified of his decision. According to Bondi's motion, the state is stepping in to "defend state law, ensure further review if necessary, and promote an orderly resolution of the legal issues presented." Bondi previously stated that she wanted the U.S. Supreme Court to have the ultimate say on Florida's marriage ban. Florida's new motion suggests the issue will likely be decided by the high court while at the same time asserting the state's interest in upholding its discriminatory ban:
The challenges to Florida's marriage laws turn on the same question: Whether the Fourteenth Amendment to the United States Constitution requires a state to recognize same-sex marriage. The United States Supreme Court has the final word on federal constitutional questions, and it is likely to resolve this question definitively in the near future. Until then, the State of Florida has an interest in defending its laws against challenges asserted by the petitioner here.
