Congressman Alan Grayson and Osceola County Commissioner Cheryl Grieb are asking state attorney Jeff Ashton to affirm that county clerks of court will not be prosecuted for issuing marriage licenses Jan. 6.

“A Florida court has ruled that refusing to issue such licenses is a denial of the equal-protection clause to same sex couple,” the letter reads. “That ruling goes into effect at the end of the day on Jan. 5, 2015.”

The state attorney’s office has released just one statement to media on the issue:

“The State Attorney does not announce in advance which cases he will prosecute. If he receives a complaint, that complaint will be investigated and evaluated, as other complaints are, and a charging decision will be made at the appropriate time.”

The concern over arrest stems from the attorneys who advise the Florida Clerks and Comptrollers Association, who have stated twice that clerks outside of Washington County can face criminal prosecution if they issue licenses Jan. 6.

This despite a ruling by federal Judge Robert Hinkle, who declared Florida’s ban on gay marriage unconstitutional and said same-sex marriage licenses could start being issued in the state after Jan. 5 unless the Supreme Court intervened. The Supreme Court said Dec. 19 it would not stand in the way.

Grayson and Grieb’s letter also states that Osceola County leaders passed a motion in support of the Clerk accepting such marriage licenses as of 12:01 am on Jan. 6th, 2015.

Read the full letter here: State Attorney letter 12-22-14

From our media partner Watermark