State court challenges to ban on same-sex marriage Same-sex marriage in Florida

1 state court challenges ban on same-sex marriage

1.1 state lawsuits
1.2 pareto v. ruvin
1.3 huntsman v. heavilin
1.4 consolidated cases

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.