FOR IMMEDIATE RELEASE – December 17, 2014

CONTACT:  ACLU of Florida Media Office, media@aclufl.org, (786) 363-2737

MIAMI, FL – Today, the ACLU filed its brief in the State of Florida’s appeal at the 11th Circuit of a federal court ruling striking down the state’s ban on granting and recognizing marriages between couples of the same sex as unconstitutional.

On August 21st, U.S. District Judge Robert Hinkle issued a ruling overturning Florida’s ban on marriage for same-sex couples as a result of two separate federal lawsuits: one brought by the ACLU of Florida on behalf of eight couples, a Ft. Myers widow, and South Florida’s largest LGBT rights organization, SAVE; the other brought by Jacksonville attorneys William Sheppard and Sam Jacobson.

On September 4th, Attorney General Pam Bondi appealed that decision to the 11th Circuit Court of appeals. The brief filed today is the ACLU’s response to the state’s appeal.

“The couples we represent – and same-sex couples all over the state of Florida – have waited long enough,” stated ACLU of Florida LGBT rights staff attorney Daniel Tilley. “Judge Hinkle was right to find that the discriminatory ban, which is causing real harm to Florida families every day that it is in effect, is unconstitutional. We look forward to arguing on behalf of those families before the 11th Circuit.”

Yesterday, the U.S. Supreme Court also asked attorneys for the plaintiffs to respond to the State of Florida’s request to extend the stay of the ruling, which is set to expire on January 5th. The ACLU’s response is due tomorrow, December 18th, at 5pm.

“Enough is enough,” stated SAVE Executive Director Tony Lima. “Gay and lesbian couples have waited long enough for the State of Florida to recognize that they should have the same rights as everyone else.  We hope that the 11th Circuit makes a speedy decision to uphold the ruling in favor of equality for gay and lesbian Floridians. We also look forward to celebrating our victory on January 6, 2015 when the stay is lifted, because marriage equality is inevitable in Florida.”

From the brief filed today:

“Like other committed same-sex couples in Florida, the Grimsley Appellees are severely harmed by Florida’s exclusion of them from the protections of marriage. Their stories illustrate the profound and far-reaching effects of the marriage ban on families.

[…]

“The Appellees and other lesbian and gay couples in Florida suffer serious irreparable harm every day that the marriage ban remains in effect, denying them critical protections that come with marriage and subjecting them to the significant stigma that flows from being branded ‘second-tier’ families... Allowing them to marry and have their marriages recognized will harm neither the State nor the public interest.

Today’s filing can be found here: https://aclufl.org/resources/grimsley-11th-circuit-appeals-brief/

Attorneys from the ACLU, the ACLU of Florida and Stephen F. Rosenthal of Podhurst Orseck, P.A. represent eight same-sex couples, a widow from Ft. Myers, and SAVE, South Florida’s largest LGBT rights organization, in a federal lawsuit challenging Florida’s marriage ban.

More information on the ACLU’s case, including bios of the couples, is available at: www.aclufl.org/marriageequality