Brenner v. Scott: Difference between revisions
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I'm a dumb redneck AND against 'Gay Marriage' at that, but against all odds (my lack of tech savvy AND political ideology), I was able to fix this image issue for our gay friends: Just cuz we're for 'regular' marriage don't mean we're hate gays. :) |
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==District court proceedings== |
==District court proceedings== |
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[[File:Pictured here are the plaintiffs in the same-gender marriage lawsuit. From left to right- Steve Schlairet, Chuck Jones, James Brenner, Ozzie Russ..JPG|thumb|Pictured here are the plaintiffs in the same-gender marriage lawsuit. From left to right- Steve Schlairet, Chuck Jones, James Brenner, Ozzie Russ.]] |
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Civil rights attorneys filed ''Brenner v. Scott'' on behalf of a [[Washington County, Florida]], same-sex couple seeking to have their Canadian marriage recognized by the state. Both plaintiffs in this case are state employees; James Brenner works for the [[Florida state forests|state forest service]] and Charles Jones works in the state [[Florida Department of Education|department of education]]. They complained of being unable to designate each other as a spouse in the state [[pension|retirement benefits]] program because of Florida's nonrecognition of and refusal to license same-sex marriage.<ref>{{cite news |last= Schoettler |first= Jim |date= March 3, 2014 |title= Jacksonville civil rights attorneys challenge Florida laws refusing to recognize same-sex marriages |url=http://members.jacksonville.com/news/crime/2014-03-03/story/jacksonville-civil-rights-attorneys-challenge-florida-laws-refusing |newspaper= [[The Florida Times-Union]] |accessdate= March 7, 2014}}</ref><ref>{{cite news |url=http://www.lgbtqnation.com/2014/03/couple-files-federal-lawsuit-challenging-floridas-ban-on-same-sex-marriage/|title=Couple files federal lawsuit challenging Florida's ban on same-sex marriage |publisher=LGBTQ Nation|date=March 6, 2014}}</ref> |
Civil rights attorneys filed ''Brenner v. Scott'' on behalf of a [[Washington County, Florida]], same-sex couple seeking to have their Canadian marriage recognized by the state. Both plaintiffs in this case are state employees; James Brenner works for the [[Florida state forests|state forest service]] and Charles Jones works in the state [[Florida Department of Education|department of education]]. They complained of being unable to designate each other as a spouse in the state [[pension|retirement benefits]] program because of Florida's nonrecognition of and refusal to license same-sex marriage.<ref>{{cite news |last= Schoettler |first= Jim |date= March 3, 2014 |title= Jacksonville civil rights attorneys challenge Florida laws refusing to recognize same-sex marriages |url=http://members.jacksonville.com/news/crime/2014-03-03/story/jacksonville-civil-rights-attorneys-challenge-florida-laws-refusing |newspaper= [[The Florida Times-Union]] |accessdate= March 7, 2014}}</ref><ref>{{cite news |url=http://www.lgbtqnation.com/2014/03/couple-files-federal-lawsuit-challenging-floridas-ban-on-same-sex-marriage/|title=Couple files federal lawsuit challenging Florida's ban on same-sex marriage |publisher=LGBTQ Nation|date=March 6, 2014}}</ref> |
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Revision as of 06:03, 6 December 2014
| Brenner v. Scott Grimsley v. Scott | |
|---|---|
| File:USDC-seal.gif No. 4:14-cv-107 No. 4:14-cv-138 | |
| Court | U.S. District Court for the Northern District of Florida |
| Decided | August 21, 2014 |
| Citation | 999 F. Supp. 2d 1278 |
| Case history | |
| Prior actions | Northern District of Florida
|
| Subsequent actions | U.S. Eleventh Circuit
|
| Holding | |
| Florida's statutory and constitutional bans on same-sex marriage are unconstitutional as they violate the Fourteenth Amendment's Due Process and Equal Protection Clauses. | |
| Court membership | |
| Judges sitting | Robert L. Hinkle, U.S.D.J. |
Brenner v. Scott and its companion case, Grimsley v. Scott, are the first two cases where a U.S. district court has found Florida's same-sex marriage bans unconstitutional. On August 21, 2014, the court issued a preliminary injunction that prevents that state from enforcing its bans and then temporarily stayed the injunction until stays are lifted in the three same-sex marriage cases then petitioning for a writ of certiorari in the U.S. Supreme Court–Bostic, Bishop, and Kitchen–and for 91 days thereafter.
The case is now before the Eleventh Circuit Court of Appeals, where it has been restyled as Brenner v. Armstrong. The temporary stay is scheduled to expire on January 5, 2015, and the Eleventh Circuit has refused to grant a stay pending appeal.
District court proceedings
Civil rights attorneys filed Brenner v. Scott on behalf of a Washington County, Florida, same-sex couple seeking to have their Canadian marriage recognized by the state. Both plaintiffs in this case are state employees; James Brenner works for the state forest service and Charles Jones works in the state department of education. They complained of being unable to designate each other as a spouse in the state retirement benefits program because of Florida's nonrecognition of and refusal to license same-sex marriage.[1][2]
Civil rights attorneys and the American Civil Liberties Union filed Grimsley v. Scott on behalf of a Miami-Dade County, Florida, LGBT-advocacy group named SAVE and eight same-sex couples seeking recognition of their marriages legally established in other jurisdictions.[3][4]
Both cases were filed in the U.S. District Court for the Northern District of Florida and assigned to U.S. District Judge Robert Lewis Hinkle. Brenner was initially filed on February 28, 2014, and Grimsley on March 13, 2014. Each case names Florida Governor Rick Scott as the lead defendant. On April 21, 2014, Judge Hinkle ordered the Brenner and Grimsley cases consolidated for case-management purposes, though they remain separate on the docket.
Ruling
On August 21, 2014, Judge Hinkle issued a ruling in Brenner and Grimsley that granted the same-sex couple plaintiffs' motion for a preliminary injunction. In ordering the injunction, Judge Hinkle found that Florida's statutory and constitutional bans on same-sex marriage were unconstitutional:[5][6]
This order holds that marriage is a fundamental right as that term is used in cases arising under the Fourteenth Amendment's Due Process and Equal Protection Clauses, that Florida's same-sex marriage provisions thus must be reviewed under strict scrutiny, and that, when so reviewed, the provisions are unconstitutional.
Judge Hinkle added:[7]
The institution of marriage survived when bans on interracial marriage were struck down, and the institution will survive when bans on same-sex marriage are struck down. 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. Tolerating views with which one disagrees is a hallmark of civilized society.[7]
Stay of injunction
Judge Hinkle issued a temporary stay of his preliminary injunction, pending resolution of the three same-sex marriage cases that were then petitioning for a writ of certiorari before the U.S. Supreme Court, and for 91 days thereafter: Bostic v. Schaefer, Bishop v. Smith, and Kitchen v. Herbert. He also removed the governor and attorney general as defendants.
He ordered the state to revise the death certificate of Carol Goldwasser to include the name of her wife, Arlene Goldberg, one of the plaintiffs. They had married in New York in 2011.[8]
On October 7, 2014, following the U.S. Supreme Court's rejection the previous day of certiorari in Bostic, Bishop, and Kitchen, the Brenner and Grimsley plaintiffs filed separate motions asking the Judge Hinkle to lift his stay before the 91-day period under the original order expired. The state defendants indicated that they object to lifting the stay.[9]
Court of Appeals proceedings
With Scott removed as a defendant, Dr. John H. Armstrong, the state's Surgeon General and Secretary of Health became the lead defendant and the case Brenner v. Armstrong. He and the remaining defendants appealed to the Eleventh Circuit Court of Appeals.[10]
See also
References
- ^ Schoettler, Jim (March 3, 2014). "Jacksonville civil rights attorneys challenge Florida laws refusing to recognize same-sex marriages". The Florida Times-Union. Retrieved March 7, 2014.
- ^ "Couple files federal lawsuit challenging Florida's ban on same-sex marriage". LGBTQ Nation. March 6, 2014.
- ^ "SAVE & ACLU file marriage recognition lawsuit". Safeguarding American Values for Everyone. March 13, 2014. Retrieved April 8, 2014.
- ^ Rothaus, Steven (March 13, 2014). "Eight gay couples sue Florida to recognize their legal marriages". Miami Herald. Retrieved October 3, 2014.
- ^ Sweeney, Dan (August 21, 2014). "Same-sex marriage ban struck down in Florida federal court". Sun-Sentinel. Retrieved August 21, 2014.
- ^ Snow, Justin (August 21, 2014). "Federal judge rules Florida same-sex marriage ban unconstitutional". Metro Weekly. Retrieved August 21, 2014.
- ^ a b Robert L. Hinkle, U.S. District Judge (21 August 2014). "Order Denying the Motion to Dismiss, Granting a Preliminary Injunction, and Temporarily Staying the Injunction, Brenner v. Scott, No. 4:14-cv-107, and Grimsley v. Scott, No. 4:14-cv-138". U.S. District Court for the Northern District of Florida. Scribd.com. PACER Document 74.
- ^ Stutzman, Rene (August 21, 2014). "Tallahassee federal judge throws out Florida's ban on same-sex marriage". Orlando Sentinel. Retrieved October 9, 2014.
- ^ "Brenner v. Scott: Plaintiff's Motion to Dissolve Stay". United States District Court for the Northern District of Florida. October 7, 2014.
However, it should be noted that counsel for the Defendants has informed the Grimsley Plaintiffs that the Defendants oppose the Grimsley Plaintiffs' similar motion seeking to lift the stay as well.
- ^ "Briefing Notice". U.S. Court of Appeals for the Eleventh Circuit. Scribd.com. September 19, 2014.