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Luis Garcia (Florida 16th Circuit judge)

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Luis Garcia

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Florida 16th Circuit Court
Tenure
Present officeholder

Education

Bachelor's

DePaul University, 1986

Law

Northeastern School of Law, 1989


Luis Garcia is a judge of the 16th Judicial Circuit Court in Monroe County, Florida. He was appointed by former Governor Jeb Bush in October of 2000 and was elected to a full term in 2002. He was re-elected in 2008 and 2014, and his current term expires on January 4, 2021.[1][2][3][4]

Elections

2014

See also: Florida judicial elections, 2014
Garcia ran for re-election to the Sixteenth Circuit Court.
As an unopposed candidate, he was automatically re-elected without appearing on the ballot. [3] 

Career

Garcia was an assistant state attorney from 1989 to 2000. He worked in Dade County until 1993 and then in Monroe County until he was appointed to the circuit court. He is a former chief judge of the circuit court.[1][5]

Noteworthy cases

Judge overturns Florida's ban on same-sex marriage (2014)

Florida's ban on same-sex marriage was ruled unconstitutional by Judge Garcia on July 17, 2014. The lawsuit was brought by two men, Aaron Huntsman and William Lee Jones, who were denied a marriage license in Monroe County.


While Garcia's ruling made it possible for same-sex couples in Monroe County to obtain marriage licenses, a decision by an appellate court would be required for the ruling to impact the rest of the state. Attorney General Pam Bondi, who defended the ban, immediately appealed Garcia's ruling, saying, "Finality on this constitutional issue must come from the U.S. Supreme Court."[6]


Judge Garcia acknowledged the 2008 constitutional amendment that banned same-sex marriage. He wrote:

This 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.[7]
—Judge Luis Garcia[6]


John Stemberger, president of the Florida Family Policy Council, responded to the ruling:

The judge had no legal authority whatsoever to do what he did...His decision basically disrespects and disenfranchises about 5 million Florida voters who voted to define marriage as a union between a man and a woman.[7]
—John Stemberger[6]


Florida voters approved a ban on same-sex marriage in 2008. However, the United States Supreme Court's [http://judgepedia.org/Major_cases_of_the_Supreme_Court_October_2012_term#United_States_v._Windsor

See also

External links

Footnotes