JACKSONVILLE, Fla. -- Love and protest were both on display at the Duval County Courthouse Tuesday morning.
But the main protest wasn't of gay marriage. Instead, it was of Clerk of Court Ronnie Fussell's decision to end courthouse weddings rather than perform gay marriages.
Tami Voisard and Tara Day were the first same-sex couple to be married inside the courthouse – not in the arbor designed for weddings, which the clerk has dismantled, but in the chambers of Circuit Judge Lance Day (no relation to Tara). Judge Day also officiated, and following a brief but emotional ceremony, he made a short speech that made no secret of his view of Fussell's decision.
"This building represents equal protection," he told the group. "Everybody that comes in here should be treated equally when they walk through those doors. And we want to make that everybody knows this courthouse is open, and it is open to marriage."
Attorney Betsy White, whose law firm brought the legal challenges that ultimately overturned Florida's gay marriage ban, was one of the few dozen spectators who gathered to witness the wedding. She praised Judge Day for performing the ceremony; and criticized Fussell for closing down the wedding service.
"I have to say, to me, Judge Day is going to be remembered as the fella that stood up to a bully. And unfortunately, I think Clerk Fussell is going to be remembered as a bully. And I think that's unfortunate for him."
The Clerk's Office declined comment.
White also hinted that the matter could end up in litigation. "We are perusing all legal remedies," she told First Coast News. "It's not going to mar our day today -- but it's not over yet."
Several judges, including Circuit Judges Virginia Norton and Hugh Carithers attended the wedding in a show of support. And attorney Rick Block, whose son is gay and who has offered to perform same sex marriages at no cost, delivered what he said was a message from other judges.
"I have been contacted by several of the judges who would like it to be known that, as far as they are concerned, this building is for everyone," he told the group. "They support the use of this building for public marriages for everyone."
The controversy did not mar the couple's day. Holding their 10 month old son Colton, the couple kissed and then slow danced to the Rod Stewart song, "You're In My Heart."
The newly christened Tami Day said she was grateful to the judge for stepping up, and hopeful his statement sends a message to the rest of the courthouse.
"I surely hope so," she said. "After all, it is the public's place. And we are the public. We deserve to be here. We have the right to be here."
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. That letter says "a lawsuit is inevitable" if Fussell doesn't replace the wedding arbor or find a suitable alternate location for weddings. It further says the wedding chapel was designed to be part of the courthouse and was paid for by taxpayer dollars. The clerk's office has until close of business Friday to respond. You can read that letter here.
