ACLU responds to motion to dismiss marriage equality lawsuit

Tallahassee – The American Civil Liberties Union is fighting back against an effort to dismiss a lawsuit asking Florida to recognize the marriage of eight same-sex couples legally married out of state.

The ACLU of Florida represents the couples, plus a recently-widowed Fort Myers woman and a South Florida LGBT rights organization called SAVE, in the lawsuit which was filed in March 2014. The state moved to dismiss the suit May 12, and the ACLU filed their response May 27.

Governor Rick Scott and Attorney General Pam Bondi are among the state officials named as defendants in the case.

“Florida’s discriminatory laws cause serious harm to real families across the state,” said ACLU of Florida staff attorney Daniel Tilley, who is lead counsel in the case, in a media release. “Despite the state’s assertion that the harms to same-sex married couples aren’t significant enough to warrant relief, the families living every day being treated like legal strangers by their home state know better. It’s time to end this state-sponsored discrimination once and for all. Florida’s families deserve better.”

The case, titled Grimsley vs. Scott, has been consolidated with another marriage equality lawsuit. The consolidated cases are being heard in U.S. District Court in the Northern District of Florida.

The ACLU response argues that the state’s motion to dismiss ignores the U.S. Supreme Court opinion that struck down the Defense of Marriage Act in 2013. The response also states that the lawsuit deserves heightened scrutiny because Amendment 2, Florida’s ban on marriage equality, violates the plaintiffs’ fundamental rights and discriminates on the bases of both gender and sexual orientation.

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