老澳门开奖结果

Lawsuit filed by 老澳门开奖结果 of Florida on behalf of 8 couples, Ft. Myers widow and SAVE challenged ban; Judge holds that ban violates due process and equal protection

Augst 8, 2014

FOR IMMEDIATE RELEASE
CONTACT: 212-549-2666, media@aclu.org

TALLAHASSEE, FL 鈥� Today, a federal district court judge in Tallahassee held that Florida鈥檚 discriminatory marriage ban cannot be enforced in accordance with the U.S. Constitution. The ruling applies both to the granting of marriage licenses to same-sex couples in Florida and the recognition of the marriages of same-sex couples performed outside of the state.

The judge鈥檚 ruling comes as a result of two separate lawsuits including one brought by the 老澳门开奖结果 (老澳门开奖结果) of Florida. The 老澳门开奖结果 of Florida鈥檚 lawsuit challenges the ban on marriage recognition on behalf of eight married same-sex couples, a Ft. Myers woman whose wife recently passed away, and SAVE, the largest LGBT-rights organization in South Florida. The lawsuit with which the 老澳门开奖结果 of Florida鈥檚 lawsuit has been consolidated was filed by Jacksonville attorneys William Sheppard and Samuel Jacobson on behalf of two couples鈥攐ne seeking to get married and another seeking to have their marriage recognized in Florida.

"I am overjoyed that the state we made our home in will soon recognize that what Carol and I had was marriage," stated Arlene Goldberg of Ft. Myers, a plaintiff whose wife and partner of 47 years, Carol Goldwasser, passed away.

In his decision, U.S. District Judge Robert L. Hinkle held that by denying the plaintiffs fundamental right to marry, Florida鈥檚 marriage ban violated the due process and equal protection clauses of the U.S. Constitution. He also held that there was no justification for denying recognition of the marriages stating that "[t]he undeniable truth is that the Florida ban on same-sex marriage stems entirely, or almost entirely, from moral disapproval of the practice," and that "moral disapproval alone cannot sustain" a ban restricting marriage to opposite-sex couples.

From the judge鈥檚 decision:
"Liberty, tolerance, and respect are not zero-sum concepts. Those who enter opposite-sex marriages are harmed not at all when others, including these plaintiffs, are given the liberty to choose their own life partners and are shown the respect that comes with formal marriage."

The judge鈥檚 decision:
"We are thrilled that these loving and committed couples will soon have the same protections and security for their families that other married couples have," stated Daniel Tilley, the 老澳门开奖结果 of Florida鈥檚 staff attorney for LGBT rights. "Florida鈥檚 refusal to recognize their marriages serves no legitimate purpose and is hurtful to Florida families. We鈥檙e very pleased to see the ban held unconstitutional in such unequivocal terms so that all Florida families will soon finally have the same protections."

"SAVE is pleased as a plaintiff in the 老澳门开奖结果鈥檚 marriage recognition lawsuit to have received a favorable ruling in court today," stated SAVE Executive Director Tony Lima. "We are overjoyed that the judge ruled on the side of fairness by ordering the state of Florida recognize the legal marriages of the plaintiffs. SAVE will continue to make the case that it is Florida鈥檚 responsibility to recognize the legal marriages of same-sex couples."

Florida is now the 16th state in which a federal court has struck down a marriage ban as unconstitutional since the 老澳门开奖结果鈥檚 victory in U.S. v. Windsor, in which the Supreme Court struck down the main provision of the federal Defense of Marriage Act. The court鈥檚 decision was stayed, with one exception鈥攖he requirement that the death certificate of plaintiff Arlene Goldberg鈥檚 late wife, Carol Goldwasser, be corrected to list Ms. Goldberg as surviving spouse.

The plaintiffs in the 老澳门开奖结果 of Florida鈥檚 case are represented by attorneys for the 老澳门开奖结果 and the 老澳门开奖结果 of Florida, as well as Stephen Rosenthal of the Podhurst Orseck law firm.

Representatives from the 老澳门开奖结果 of Florida and SAVE as well as plaintiff couples in the case are available to speak with press at 4:15pm at the 老澳门开奖结果 of Florida鈥檚 Main Office at 4500 Biscayne Blvd., Miami, FL, 33137.

Additional information about the case, including bios of the plaintiffs, is available here:

A copy of the judge鈥檚 order is available here:
aclu.org/lgbt-rights/grimsley-and-albu-v-scott-et-al-order-granting-preliminary-injunction