First Coast News has learned that the Jacksonville law firm that succeeded in overturning Florida’s gay marriage ban sent a letter to the Clerk of Courts saying “a lawsuit is inevitable” if Ronnie Fussell doesn't replace the wedding arbor or find a suitable alternate location for weddings.
Original Title
Letter to Duval Clerk of Courts concernig courthouse weddings
First Coast News has learned that the Jacksonville law firm that succeeded in overturning Florida’s gay marriage ban sent a letter to the Clerk of Courts saying “a lawsuit is inevitable” if Ronnie Fussell doesn't replace the wedding arbor or find a suitable alternate location for weddings.
First Coast News has learned that the Jacksonville law firm that succeeded in overturning Florida’s gay marriage ban sent a letter to the Clerk of Courts saying “a lawsuit is inevitable” if Ronnie Fussell doesn't replace the wedding arbor or find a suitable alternate location for weddings.
SHEPPARD, WurTE, KACHERGUS & DEMAGGIO, P.A.
‘Attorneys & Counselors at Law
215 WASHINGTON STREET
JACKSONVILLE, FLORIDA 32202
WM. J, SHEPPARD 904/356-9661 MATTHEW R, KACHERGUS
Boatd Certified Criminal Til Langer “Telefax 904/356-9667
ELIZABETH L WHITE Cece BRYAN E. DEMAGGIO
{Also amie ro the Oregon Bar
January 6, 2015
The Honorable Ronnie Fussell
Clerk of Circuit Court
Duval County Courthouse
500 West Adams Street
Jacksonville, Florida 32202
Dear Mr. Fussell:
We are writing as counsel for the Plaintiffs in Brenner v. Scott which declared that the
Florida proscriptions against same-sex marriage are unconstitutional
Because of the concerns which brought about the lawsuit in Brenner v. Scott, we are
concemed by your announced decision to discontinue courthouse wedding services for couples
who obtain Duval County marriage licenses from your office. You have publicly stated that all
marriage ceremonies are being discontinued because, at your inquiry, certain clerk staff have
indicated they are uncomfortable performing same-sex wedding services. Additionally, you have
dismantled the wedding arbor which was designed to be part of the courthouse and wt is funded
by taxpayer dollars and fees received to conduct these services,
Marriage has been recognized as a fundamental right under our country’s laws. Thats the
basis for the recent rulings that committed same-sex couples have as much right to marital status
‘as opposite-sex couples. Same-sex marital rights are not intended to be a limited, constricted form
of marriage which is less than the panoply of marital rights historically available to opposite-sex
couples.
The availability of courthouse weddings has long been the custom, practice and tradition
in the Duval County Courthouses for years. It has been an integral part of the overall process and
has been valuable and helpful to many couples, especially when of limited financial means. Hence
the inclusion of the wedding chapel area in the design for the recently-opened courthouse. The
withdrawal of courthouse weddings has very regrettably burdened the marital process for those
couples who previously would have been aided by the custom, practice and tradition in place for
‘so many years.
We are open to working out some arrangement with you that will continue the courthouse
marriage services for people wishing them without a broadening of the same-sex litigation which
has been so much in the news. We would rather work something out harmoniously in everyone's
interests than to look to the courts for a resolution. As before, we shall want to go to court only as
a last resort.The Honorable Ronnie Fussell
Clerk of Circuit Court
January 6, 2015,
Page Two
If you wish to explore a non-ltigative resolution with us, we want you to know we shall be
receptive. You also should understand that if something is not worked out amicably, renewal of
litigation will be inevitable, regardless of the expense and effort required for all parties.
If you wish to see what can be worked out, please have your counsel contact us. If we do
not hear from you or anyone on your behalf by the close of business on Friday, January 9, 2015,
we shall assume that you have decided that you prefer to litigate for whatever reason might impel
you,
Yours trul
Spoil )Soedven
‘Samuel S. Jacolison
Bledsoe, Jacobson, Schmidt, Wright,
Wilkinson & Sussman
A
WilliantJ. Shépbard
Elizabeth L. White
Sheppard, White, Kachergus & DeMaggio, P.A.
‘Suebonner james ek 3)
(2 Chl Judge Mark Mahon