Federal court Same-sex marriage in Florida

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.