A circuit court judge in Monroe County Florida, which consists of primarily the Florida Keys, has ruled that the Florida ban violates the 14th Amendment. The ruling only applies to Monroe County and will undoubtedly be appealed.
The sole anti-gay marriage argument appears to have been that the results of a referendum in 2008, which outlawed Gay Marriage and Domestic Partnerships by a 62%-38% margin.
Judge Luis M. Garcia reject the argument saying "The court is aware that the majority of voters oppose same-sex marriage, but it is our country's proud history to protect the rights of the individual, the rights of the unpopular and the rights of the powerless, even at the cost of offending the majority."
The point is simple. Rights guaranteed under the Constitution are not subject to popular vote. If Gay Marriage is protected by the Constitution, then any and all referendums are irrelevant.
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