Same-sex couples brought action against State of Florida officers, all in their official capacities, asserting that Florida same-sex marriage provisions violated Fourteenth Amendment’s Due Process and Equal Protection Clauses. Couples moved for preliminary injunction barring enforcement of challenged provisions and defendants moved to dismiss. Held: (1) couples had standing to challenge Florida same-sex marriage provisions; (2) provisions of Florida Constitution and statutes banning same-sex marriage violated Due Process and Equal Protection Clauses of Fourteenth Amendment; (3) grant of preliminary injunction barring enforcement of provisions was warranted; and (4) state was entitled to stay of execution of judgment ordering preliminary injunction.
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com