Betsy White said she knew some clerks of court around the state were reluctant when it came to same-sex marriage.
But when several clerks, including Ronnie Fussell in Duval County, decided to end marrying all couples it was a “disappointment.”
“That part wasn’t even something that came up,” said the partner with the Sheppard, White & Kachergus firm.
Fussell said the decision was made, in part, because he and his employees who perform the ceremonies do not personally agree with same-sex marriage.
The Sheppard firm represented the same-sex couple in Washington County at the heart of the issue. Same-sex couples across the state began receiving marriage licenses Tuesday because of their case.
The firm and Bledsoe, Jacobson, Schmidt, Wright, Wilkinson & Sussman sent Fussell a letter Tuesday, indicating legal action could be pursued if courthouse marriage services aren’t restored.
Fussell said Thursday morning he has turned the letter over to the city’s Office of General Counsel and has been advised not to comment on it.
He said he has been working with Chief Judge Mark Mahon on a solution.
White said Wednesday the now-dismantled wedding arbor was incorporated as part of the courthouse built with taxpayer money and the decision to end services hurts those lower-income couples who can’t afford lavish events.
Fussell said Thursday that for some time, he has been willing to work with others to have arbor space taken over and away from the clerk’s office.
Judge Lance Day performed three wedding ceremonies Tuesday, telling a group after one that the courthouse “is open, and it’s open to marriage,” according to the Daily Record’s news partner, WJXT TV-4.
“Everyone who comes through here should be treated equally when they walk through the doors,” Day said.
White said the hope is an arrangement can be worked out that would allow ceremonies to continue without Fussell or anyone else who felt uncomfortable being involved.
One possible solution could include members of The Jacksonville Bar Association who are notaries public and willing to perform services. Troy Smith, the association’s president, said the idea of creating a pool of members willing to perform the ceremonies would be an attempt to ease the friction of the issue.
“I see it as an opportunity for the Jacksonville Bar,” Smith said.
Those association members could provide times they are available and serve on an on-call basis to perform ceremonies. But the idea is still being discussed — and only could work if the issue stays out of court, Smith said.
White also indicated the volunteer system is one being discussed.
“We have the ability to make this right,” she said.
Smith said the organization likely would issue a resolution about the same-sex marriage controversy by the end of the week.
The time frame also aligns with the deadline White and the firms have given Fussell to respond to prevent litigation.
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