Federal judge strikes down Florida gay marriage ban

TALLAHASSEE, Fla., Aug. 21 (UPI) -- A federal judge overturned Florida's ban on same-sex marriage Thursday, saying that 50 years from now it will be seen as "an obvious pretext for discrimination."

U.S. District Judge Robert L. Hinkle ordered the state to recognize the marriages of couples who tied the knot in jurisdictions where they could do so legally. But he stayed the order while Florida decides on an appeal.

"When observers look back 50 years from now, the arguments supporting Florida's ban on same-sex marriage, though just as sincerely held, will again seem an obvious pretext for discrimination," Hinkle said. "Observers who are not now of age will wonder just how those views could have been held."

State judges in several jurisdictions, including the Florida Keys, had made similar rulings. But Hinkle's decision is the first in federal court.

"It's the first federal decision in Florida. When the stay is lifted, it will have statewide impact," said Howard Simon, executive director of the American Civil Liberties Union of Florida. "What it will mean, when the stay is ultimately lifted, is that there families will be protected and strengthened. They'll start getting health insurance, pension benefits. They could protect their families with survivors benefits. These are the dramatic, practical ways that this victory will ultimately help families in Florida."

Since the U.S. Supreme Court overturned the federal Defense of Marriage Act last year, supporters of same-sex marriage have challenged laws across the country and have had an almost unbroken string of legal victories. Earlier this month, a state judge in Tennessee ruled that states still have the power to set the rules for marriage in spite of the ruling in the DOMA case.