ACLU files response in court case arguing Florida’s marriage ban

By : Staff Report
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The American Civil Liberties Union has filed a response to the state’s appeal of a federal court ruling that strikes down Florida’s ban on same-sex marriage.

To be clear – this is a separate filing than the legal wrangling over whether a stay on marriage will be extended or expires Jan. 5. The ACLU’s Dec. 17 brief is part of the core court cases that triggered the stay, at the 11th Circuit Court.

In August of 2014, Judge Robert Hinkle ruled that Florida’s ban on same-sex marriage is unconstitutional as a result of two lawsuits. One, filed by the ACLU on behalf of eight married same-sex couples and SAVE, a South Florida LGBT rights organization, fought for the marriage recognition for gay couples legally married out-of-state. The other lawsuit was filed in Jacksonville on behalf of two couples, one who wants to get married and one who wants their marriage recognized in the state of Florida.

In September, Florida attorney general Pam Bondi appealed that ruling to the 11th District, and the Dec. 17 brief is a response to that appeal.

At the same time, the ACLU is fighting to ensure a stay on marriage, based on Hinkle’s ruling, is lifted as scheduled Jan. 5. The state is attempting to extend the stay by appealing to U.S. Supreme Court Justice Clarence Thomas.

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