Lawsuits Same-sex marriage in Florida

1 lawsuits

1.1 federal court

1.1.1 brenner v. scott


1.2 state court challenges ban on same-sex marriage

1.2.1 state lawsuits
1.2.2 pareto v. ruvin
1.2.3 huntsman v. heavilin
1.2.4 consolidated cases


1.3 state court lawsuits seeking recognition of specific marriages

1.3.1 estate of bangor
1.3.2 shaw v. shaw
1.3.3 brassner v. lade


1.4 public opinion

lawsuits

two courts have ordered state officials recognize specific marriage established outside of florida, federal court in brenner v. scott , state court in estate of bangor.

federal court
brenner v. scott

on february 28, 2014, civil rights attorneys filed lawsuit in u.s. district court northern district of florida on behalf of florida same-sex couple married in canada. case, brenner v. scott, assigned judge robert lewis hinkle. on march 13, 2014, attorneys american civil liberties union filed similar suit, grimsley v. scott, in same court on behalf of south florida lgbt advocacy group save , 8 same-sex couples married in other states asking courts order florida recognize marriages. named governor rick scott , 3 other state officials defendants.

judge hinkle consolidated brenner , grimsley on april 21. on august 21, ruled florida s statutory , constitutional bans on same-sex marriage unconstitutional. stay on enforcement of decision expired on january 5, 2015. granted immediate relief ordering state recognize marriage in new york in 2011 of late carol goldwasser , plaintiff arlene goldberg , revise former s death certificate reflect marriage. state defendants appealed eleventh circuit court of appeals , case retitled brenner v. armstrong. on december 3, eleventh circuit denied request extend stay hinkle s earlier ruling , u.s. supreme court on december 19 rejected florida s request justices scalia , thomas dissenting.

on january 1, 2015, judge hinkle clarified order after 1 defendant, washington county clerk, inquired whether ordering issue more 1 marriage license specified in preliminary injunction. hinkle explained order applied specific circumstances presented plaintiffs seeking relief, florida clerks should understand ruling u.s. constitution required them issue marriage licenses same-sex couples. warned prepared add additional plaintiffs , defendants lawsuit , costs borne defendants.

the first same-sex couples began marrying in state on january 5, 2016 in miami-dade county, after state judge lifted stay on july 2014 ruling in florida state court case (see below more details) struck down ban on same-sex marriage. same-sex couples across state began marrying next day, on january 6, 2016, first day after judge hinkle s stay in brenner case expired.

more year after same-sex marriage began in florida, judge hinkle issued ruling declared florida s voter-approved amendment prohibiting same-sex marriage unconstitutional. on march 31, 2016, judge hinkle of northern district court issued final injunction order in brenner case, affirming unconstitutionality of defunct constitutional , statutory bans on same-sex marriage in state , clarifying state government s requirement treat same-sex couples equal in aspects of florida law. judge hinkle rejected state s argument summary judgment moot on basis state government had shown little, if any, inclination accept , follow u.s. supreme court s ruling in obergefell v. hodges, decided in june 2015.

state court challenges ban on same-sex marriage

outcome of same-sex marriage cases in florida in state courts






early state lawsuits

in 2001, after initial dismissal of lawsuit, florida fifth district court of appeal ruled in frandsen v. county of brevard denial of marriage licenses same-sex couples did not violate state constitution s equal protection gender classifications.

pareto v. ruvin

on january 21, 2014, 6 same-sex couples, of whom have children or grandchildren, filed lawsuit in eleventh judicial circuit court of florida in , miami-dade county challenging state s ban on same-sex marriage. plaintiffs allege equal protection violation of rights under fourteenth amendment u.s. constitution. suit organized equality florida. named miami-dade county clerk harvey ruvin defendant because office had refused issue marriage licenses couples.

miami-dade circuit judge sarah zabel held hearing in case on july 2 , granted plaintiffs motion summary judgment on july 25. found florida s same-sex marriage ban , related statutes deprive couples due process , equal protection of laws guaranteed fourteenth amendment. noted under florida supreme court precedent needed apply rational basis review laws discriminating against homosexuality, suggested florida supreme court revisit question of appropriate level of scrutiny on appeal. stayed enforcement of decision pending appeal. lifted stay on january 5, 2015, ordering miami-dade county issue licenses same-sex couples, county officials began doing around noon day.

huntsman v. heavilin

on april 1, 2014, plaintiffs aaron huntsman , william lee jones filed suit in sixteenth judicial circuit in , monroe county against county clerk amy heavilin, after denied marriage license. chief judge luis garcia held initial hearing in case, huntsman v. heavilin, on july 7.

on july 17, judge garcia ruled in favor of plaintiff same-sex couple overturning florida s ban on same sex marriage. judge, in declaring florida s same-sex marriage ban unconstitutional under fourteenth amendment, found marriage fundamental right , same-sex marriage can not construed new right . found florida violated plaintiffs rights under both due process clause , equal protection clause. found plaintiffs lacked standing raise question of recognition of same-sex marriages other jurisdictions. ordered monroe county issue marriage licenses same-sex couples beginning july 22, 2014. florida attorney general pam bondi filed notice of appeal state third district court of appeal same day, stayed enforcement of garcia s ruling. judge garcia denied plaintiffs request have stay lifted, did court of appeal on july 23. on january 6, 2015, aaron huntsman , william lee jones married @ 12:01 on monroe county court steps, witnessed millions on cnn, fox news , local miami news stations.

consolidated cases

on july 28, appellee same-sex couples asked third district court of appeal exercise pass through jurisdiction , allow case heard directly florida supreme court. on october 13, florida attorney general pam bondi asked third district court of appeal pass consolidate case florida supreme court, other party had earlier proposed.

state court lawsuits seeking recognition of specific marriages
estate of bangor

francis c. bangor pennsylvania resident owned winter home in boynton beach, florida. bangor , spouse, william simpson, entered civil union in vermont in 2001 , married in delaware in october 2013. bangor died on march 15, 2014. left named simpson executor, florida calls personal representative. florida law requires non-resident personal representative relative of decedent. circuit judge diana lewis held hearing @ simpson testified 37-year relationship bangor. state attorney general not represented. on august 5, ruled simpson entitled recognized bangor s surviving spouse, , florida s constitutional , statutory provisions prohibiting recognition unconstitutional applied case. lewis did not stay order 3 other circuit courts had in same-sex marriage cases. issued letters of administration simpson, making simpson , bangor s marriage first same-sex marriage recognized in florida.

shaw v. shaw

on january 15, 2014, mariama shaw, tampa woman had married wife in massachusetts, filed petition dissolution of marriage in thirteenth judicial circuit in , hillsborough county, florida. shaw seeking have state recognize same-sex marriage purpose of granting divorce. spouses entered collaborative divorce process, came full settlement agreement, , presented agreement judge ratify part of final judgment of divorce. after hearing arguments, trial judge dismissed petition of dissolution of marriage, , parties appealed. on august 27, on 10 3 vote, judges of second district court of appeal asked florida supreme court settle case, shaw v. shaw. supreme court rejected request on september 5.

brassner v. lade

heather brassner asked state court dissolve civil union entered megan lade in vermont in 2002. on august 4, 2014, broward county circuit judge dale cohen ruled florida s denial of marriage rights same-sex couples , refusal recognize same-sex marriages other jurisdictions unconstitutional. stayed implementation of decision allowing divorce 30 days pending appeal. attorney general bondi said state did not appeal because not party case, , cohen scheduled final divorce hearing september 11. beyond 1 divorce, ruling did not direct local officials take action, broward county clerk, howard forman, said decide during week of september 7 whether issue marriage licenses same-sex couples based on cohen s ruling. before final divorce hearing, judge cohen vacated earlier ruling because brassner s attorney had notified attorney general of constitutional challenge email rather certified mail required florida law. attorney general served, , intervened, , cohen reissued order on december 8. judge issued final judgment in case on december 17, 2014, allowing first same-sex divorce in florida granted.

public opinion