FLORIDA: State Senate Rejects Bid To Allow Anti-Gay Adoption Discrimination

Via Equality Florida:

In a stunning turnaround late this afternoon, the Florida Senate blocked efforts to allow Indiana-style discrimination in adoption. In doing so they derailed an effort that originated in the House of Representatives to reintroduce an anti-gay adoption law in Florida. Former Senate President Don Gaetz, R-Destin, was an eloquent opponent, stating “We don’t need to turn back the social clock in this state to 1977,” the year Florida banned gay and lesbian people from adopting children. “We applaud Senator Gaetz for rallying his colleagues to stop this disastrous effort to put discrimination back into Florida law.” said Nadine Smith, CEO of Equality Florida. “Now is not the time for Florida to look back to its ugly past. It is time to secure full equality and chart a fair and inclusive path for our state.”

The bill has one more reading in the state Senate before it heads to the desk of Gov. Rick Scott.

FLORIDA: Activists Urge Bondi To Instruct State Agencies On Marriage Rights

The National Center for Lesbian Rights and Equality Florida today issued a joint letter in which they urge Florida Attorney General Pam Bondi to instruct state agencies regarding the rights of married same-sex couples.

Dear Attorney General Bondi: As counsel for the Plaintiffs in Pareto v. Ruvin, we write to request that your office immediately advise all state agencies in Florida that they are required under the orders issued by Judge Zabel on July 25, 2014 and January 5, 2015, and by Judge Hinkle on August 21, 2015 and January 1, 2015 in Brenner v. Scott, to recognize the marriages of same-sex couples. [snip]

As a result of Judge Zabel’s declarations and today’s order lifting the previously entered stay, all agencies of the State of Florida are immediately required to recognize the marriages of same-sex couples entered into in Florida. In addition, because of Judge Hinkle’s preliminary injunction in Brenner, Florida officials must recognize the out-of-state marriages of same-sex couples beginning January 6, 2015.

We urge your office immediately to advise all state agencies of these requirements. We also urge you to issue a public statement making clear that, as of today, the State of Florida will recognize for all purposes the marriages of same-sex couples. Because of urgent circumstances facing same-sex couples in Florida who are expecting babies just days from now, we particularly request that your office instruct the Florida Bureau of Vital Statistics to inform health care facilities that, if a child is born to married same-sex parents, both parents are entitled to be listed on the child’s birth certificate. This is a matter of extreme urgency and constitutional imperative, and we urge your office to act expeditiously on this matter.

If anybody runs into any problems, I'd advise contacting Equality Florida at once.

Equality Florida & NCLR To Clerks: You Are Compelled To Issue Marriage Licenses

Equality Florida and the National Center for Lesbian Rights today issued a joint memo to all 67 Florida county clerks. From the concluding paragraph:

Florida county court clerks should follow Judge Hinkle’s ruling and issue marriage licenses to same-sex couples beginning January 6, 2015. The advice provided to the Clerks Association in legal memoranda from a private law firm is incorrect in key respects, including in failing to acknowledge that: (1) a federal court order is binding not only on the parties to the case, but also on all “persons who are in active concert or participation with” any of the parties; (2) non-party government officials may choose to comply with a federal district court ruling that a law is unconstitutional, even when they are not technically bound by the ruling; (3) an unconstitutional law is void and unenforceable; and (4) county clerks who follow Judge Hinkle’s ruling could not be held criminally liable for doing so because they would not have the required specific criminal intent.

Read the full memo.

BREAKING: 11th Circuit DENIES Request To Extend Stay On Florida Marriages

Read the denial. Suck it, Pam Bondi!

FLORIDA: Lawmakers Introduce Sweeping LGBT Anti-Discrimination Bill

Via Equality Florida:

Earlier today, Representative Holly Raschein (R- Key Largo) and Democratic Whip Senator Joseph Abruzzo (D- Boynton Beach) filed legislation in the Florida House and Senate respectively that would prohibit discrimination against lesbian, gay, bisexual and transgender people (LGBT) in employment, housing and public accommodations. Known as the Florida Competitive Workforce Act (FCWA), the legislation would amend Chapter 760 of the Florida State Statutes that currently prohibit discrimination based on race, color, religion, sex, national origin, age, handicap or marital status to include sexual orientation and gender identity or expression. The bill would add protections for more than 536,000 LGBT adults living in Florida. Despite overwhelming public support and the passage of local equal rights ordinances throughout the state, there is no statewide law banning discrimination based on sexual orientation and gender identity in Florida,” said Nadine Smith, CEO of Equality Florida.

The map above shows the states that presently provide employment and housing protections. The darker-shaded states include gender identity as well as sexual orientation. For a slightly different map that depicts public accommodation protections, click here.

FLORIDA: AG Pam Bondi Files Marriage Ruling Appeal With Eleventh Circuit Court

Florida Attorney General Pam Bondi tonight filed an appeal with the Eleventh Circuit Court of the August ruling in the ACLU / SAVE Dade suit that overturned that state's ban on same-sex marriage.   On November 5th, US District Court Judge Robert Hinkle denied the request to immediately lift the stay on his ruling while the appeals process goes on. Hinkle left in place his order for that stay to expire on January 5th, 2015. Bondi's notice of appeal to the Eleventh Circuit was filed more than two months ago and today's appeal is the first same-sex marriage case to reach that court, whose jurisdiction includes Florida, Georgia, and Alabama.

From the summary of Bondi's appeal:

Florida has long defined marriage as the union of one man and one woman. In 2008, voters amended the Florida Constitution to reaffirm that policy. The United States Constitution does not prohibit Florida or its voters from making that choice, and the district court’s contrary conclusion was wrong. As the Supreme Court has recognized, States have the virtually exclusive authority to define and regulate marriage. Consistent with that authority, States may choose to allow same-sex marriage, as several States have. But States may also choose to maintain a traditional definition of marriage, as several other States have. Principles of federalism leave the choice to the States.

The United States Supreme Court’s decision in Baker v. Nelson is consistent with these principles. In Baker, the plaintiffs claimed the Fourteenth Amendment required States to allow same-sex marriage, the same claim the plaintiffs present here. The Supreme Court’s summary dismissal was a decision on the merits that rejected those claims, and it is binding on this Court. None of the more recent Supreme Court cases undermine Baker, much less overrule it. In fact, the Supreme Court’s most recent decision regarding same-sex marriage, United States v. Windsor, is fully consistent with the principle that federalism allows States to define marriage.

No fundamental right is at issue here because same-sex marriage is not deeply rooted in this Nation’s history and tradition. The decisions recognizing marriage as a fundamental right, including Loving v. Virginia, all turned on the historical understanding of marriage as the union of a man and a woman. Because no fundamental right is at issue, and because there is no other basis for applying heightened scrutiny, only rational basis applies. Florida’s laws satisfy this deferential standard. Florida’s laws therefore do not violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Nor do they violate the right to travel, the Establishment Clause, or a right to intimate association. This Court should reverse.

In addition to the above-cited Baker, Loving, and Windsor cases, among the other cases that Bondi's appeal cites is Lawrence V Texas, the landmark 2003 Supreme Court ruling that invalidated anti-sodomy laws nationwide. Essentially, Bondi argues that just because the state isn't arresting gay people for fucking doesn't mean they also entitled to marriage.

The Brenner plaintiffs claimed that Florida’s marriage laws interfere with their right of intimate association. In Lofton, this Court addressed and rejected the conversion of a negative, private right of intimate association - free from criminal prosecution or some other state-sanctioned punitive measure (discussed in Lawrence v. Texas) - into an “affirmative right to receive official and public recognition.”  The plaintiffs cannot prevail on an intimate association claim.

Read the full appeal at Equality Case Files.

FLORIDA: Edith Windsor Tells Gov. Rick Scott To Stop Fighting Same-Sex Marriage

Orlando's Watermark has the transcript:

“I am Edith S. Windsor, the plaintiff in Windsor v. United States, the case that won federal recognition of marriages for same-sex couples. The two extremely positive decisions in favor of marriage equality were Justice Jacobs’ decision in the 2nd Circuit Court of Appeals and Justice Kennedy’s decision in the Supreme Court, both self-described conservatives. Five judges in Florida have also ruled that it’s wrong to exclude same-sex couples from marriage. And the majority of Floridians agree. My dear Governor Scott, I employ you to use the power of your office to allow loving couples to marry now in your state. Very respectfully yours, Edie Windsor.”

FLORIDA: State Recognizes Same-Sex Marriage On Lesbian's Death Certificate

Via Equality Florida:

Florida also made history today as Arlene Goldberg and her late wife, Carol Goldwasser, officially became the first same-sex couple whose marriage is respected in the state. US District Court Judge Robert Hinkle ruled on August 21, 2014 that Florida’s ban on marriage for same-sex couples was unconstitutional and – despite a stay on his ruling –ordered the State of Florida to issue a new death certificate for Carol Goldwasser, naming her partner of 47 years, Arlene Goldberg, as her wife. Arlene was first added as a plaintiff in Grimsley and Albu v. Scott when the ACLU filed a motion of preliminary injunction in April asking the court to immediately stop enforcing laws barring legal respect for marriages between same-sex couples.

Today, Arlene received that newly-issued death certificate, making her and her late spouse the first same-sex couple to have their marriage recognized in Florida. “It’s hard to put into words how meaningful this is to me,” said Goldberg. “For 47 years, Carol and I made our lives together, all the while being treated like strangers in the eyes of the law in Florida. It’s bittersweet that Carol isn’t here to share this joy with me, but for the first time in 47 years, our marriage was respected. Our relationship and commitment to each other is finally recognized. ”

The ACLU reacts via press release:

“Today is a milestone day for all Floridians but especially for Arlene. As Judge Hinkle stated himself, listing Arlene as Carol’s wife on Carol’s death certificate is about ‘simple human dignity.’ The state has no business denying this dignity—or any of the other protections and responsibilities of marriage—to Arlene or anyone else. The time for marriage in Florida is now, and Governor Scott and Attorney General Bondi need to stop fighting the inevitable.”

The stay on Florida's marriage ban overturn is due to expire in three months.

Equality Florida Launches "Don't Appeal" Campaign To Governor Rick Scott

Via Equality Florida:

On August 21, Judge Hinkle ruled Florida's ban on marriage for same-sex couples unconstitutional and added Florida must also recognize legal marriages performed in other states. The judge immediately stayed the ruling pending appeal. But if the decision is not appealed by September 21, the marriage ban will fall on September 22!

Judge Hinkle has stated that Attorney General Pam Bondi cannot appeal the decision. Then who can appeal? Craig J. Nichols, Florida’s Secretary of Management Services; John H. Armstrong, Florida’s Surgeon General; and Harold Bazzel, Washington County Clerk of Court. Two of the three take orders from Governor Scott and will likely appeal the decision if he tells them to do so.

We need to send the message loud and clear: "Governor Scott, DO NOT appeal the marriage decision." This is where you help! Make a video telling Governor Scott not to appeal the marriage decision and post it to Facebook/Twitter/Youtube - and use the hashtag #MarriageNow.

FLORIDA: Appeals Court Kicks Marriage Case Upstairs To State Supreme Court

Apparently ignoring the directions of Attorney General Pam Bondi, a Florida state appeals court today asked the state Supreme Court to issue a ruling on marriage equality. Via Equality Florida:

“This is what we’ve been asking for all along. We’re thrilled that the 2nd DCA agrees that marriage equality is an issue of such urgency and importance that it should be elevated directly to the Florida Supreme Court. We hope that the 3rd DCA in Miami will follow suit and request that the marriage cases pending before them also be moved directly to the Florida Supreme Court. We need a final resolution, not another appeal, because every day this discriminatory ban remains in place causes significant and irreparable harm to our families.”

Today's case comes out the Tampa Bay area's Hillsborough County, where a couple married in Massachusetts is seeking to divorce. Bondi's office is not involved in that case. Other pro-marriage rulings were handed down last month in Palm Beach, Broward, Miami-Dade, and Monroe counties. Last week a federal judge overturned the ban statewide, but stayed his ruling pending appeal. Bondi was removed from that case by the judge, who ruled that she and Gov. Rick Scott are "duplicative defendants."

FLORIDA: Miami-Dade County Judge Strikes Down Marriage Ban, Stays Ruling

Via press release from the National Center for Lesbian Rights:

Today, a state trial court in Miami issued a decision striking down Florida’s ban on marriage for same-sex couples and ordering Miami-Dade County to allow same-sex couples to marry. The court stayed the order pending appeal. The case was brought by Equality Florida Institute and Catherina Pareto and Karla Arguello, Dr. Juan Carlos Rodriguez and David Price, Vanessa and Melanie Alenier, Todd and Jeff Delmay, Summer Greene and Pamela Faerber, and Don Price Johnston and Jorge Isaias Diaz. They are represented by the law firm Carlton Fields Jorden Burt, Elizabeth F. Schwartz, Mary B. Meeks, and the National Center for Lesbian Rights (NCLR). On July 1, 2014, Judge Sarah Zabel of the Eleventh Judicial Circuit Court heard oral argument in the case. The couples argued that Florida’s ban on marriage equality cannot stand in light of the United States Supreme Court’s ruling in June 2013 that the federal “Defense of Marriage Act” violates the federal constitutional guarantees of equal protection and due process.

Two weeks ago a judge in Florida's Monroe County also overruled the ban and then stayed his decision. Attorney General Pam Bondi has already appealed the Monroe County case. A ruling in a federal suit filed in Tallahassee, which would be applicable statewide, is due at any time.

Read the full ruling.

LIVE VIDEO: Florida Marriage Trial

Liberty Counsel head Mat Staver is speaking at this writing. I must be getting my Florida cases mixed up because I could have sworn that Liberty Counsel was denied the right to be a party to this case. Watch the live stream.

UPDATE: Equality Florida has tweeted that Staver was merely allowed to orally present his amicus brief, which seems strange in itself. Liberty Counsel is NOT a formal party to this case.

UPDATE II: And that's that. Short and sweet. The judge definitely appeared sympathetic to our side. Read the live-tweets from Equality Florida to get some of the play-by-play.

About To Start In Florida...

That's National Center for Lesbian Rights attorney Shannon Minter seated in the red tie. They're about to enter the courtroom as Florida's first marriage equality case opens in Miami. Equality Florida will be live-tweeting the proceedings.

FLORIDA: First Marriage Case Begins

Equality Florida will be live-tweeting from the courthouse.

FLORIDA: Former Gov. Charlie Crist Files Pro-Gay Marriage Amicus Brief

Via Equality Florida:

Former Florida Governor Charlie Crist has filed an amicus brief today in support of the marriage equality lawsuit Pareto v. Ruvin, which is set for a hearing on July 2 before Judge Sarah Zabel in the Eleventh Judicial Circuit Court in Miami. Judge Zabel will hear from attorneys who filed a lawsuit in January on behalf of six same-sex couples and Equality Florida Institute. The lawsuit argues that Florida’s laws barring same-sex couples from marriage violate the United States Constitution by denying them the legal protections and equal dignity that having the freedom to marry provides. In the brief, Crist stated that as a former Governor and Attorney General who previously supported the ban, he is in a unique position to provide the court a perspective on why it is wrong, harmful to Florida and harmful to gay couples and children who are denied the protections only marriage provides. Crist is among the fast growing majority of Floridians, 57% currently, who have come to support full marriage equality.

Also filing pro-gay briefs are the mayors of Orlando and Miami Beach. The lead counsel for the plaintiffs is National Center for Lesbian Rights attorney Shannon Minter. On Wednesday, Florida Attorney General Pam Bondi filed a motion to intervene on behalf of the state as Miami-Dade County Clerk Harvey Ruvin is not "actively defending" against the suit. Earlier this month the above-named judge denied the Liberty Counsel's motion to intervene on behalf of three local anti-gay Christian groups.

Read Crist's amicus brief.

Could Florida be next? I think we've got a good shot.

RELATED:  According to poll released this week, Crist is currently tied with Gov. Rick Scott in the 2014 gubernatorial race.

FLORIDA: Attorney General Seeks To Intervene In Two Marriage Lawsuits

Florida Attorney General Pam Bondi has filed motions to intervene on behalf of the state in marriage equality lawsuits filed against Miami-Dade and Monroe counties. Via Steve Rothaus at the Miami Herald:

Allen Winsor, the state's solicitor general, states in the motions filed in local courts that Florida has a legitimate interest in intervening in the cases since they represent a challenge to the 2008 state constitutional amendment that banned gay marriage. Bondi is already defending the state in a federal lawsuit filed in North Florida. That legal challenge maintains the state is discriminating against gay couples by not recognizing same-sex marriages performed in states where they are legal. Conservative activists hailed Bondi's response to the federal lawsuit, but had been critical of her for not defending the state right-to-marry cases. John Stemberger, president of the conservative Florida Family Action in Orlando, praised Bondi. "The most important thing is that if the judge were to grant a motion and find a new-found right to marry, which does not exist, then the attorney general would be in a position to enjoin that until the federal case plays out," he said Tuesday.

The Miami-Dade suit was filed against the county clerk by Equality Florida on behalf of six local couples. The Monroe suit was filed against the county clerk by two Key West bartenders. Neither clerk is actively defending against the lawsuits, hence Bondi's action. Both cases begin next month.

RELATED: Earlier this month Bondi was praised by the very same above-quoted hate group leader who had slut-shamed her over her multiple marriages. Bondi took office in 2010 after being endorsed by Sarah Palin. In 2012 Bondi was the lead litigant when she and 26 other state attorneys general unsuccessfully attempted to overturn the Affordable Care Act.

FLORIDA: Charlie Crist Endorsed By HRC, Vows To Bring Marriage To State

Former (and possibly future) Florida Gov. Charlie Crist was today endorsed by the Human Rights Campaign and Equality Florida. The above tweet links to his petition page:

Love is love. Rick Scott has said marriage equality is a "non-issue." Republican Attorney General Pam Bondi argued that recognizing same sex marriages performed in other states would "impose significant public harm." Charlie will fight to bring marriage equality to Florida, because love is love. He's proud to have the support of the Human Rights Campaign and Equality Florida in our work. Add your name if you'll stand with him, too.

A poll released yesterday shows Crist tied with incumbent GOP Gov. Rick Scott.

FLORIDA: AG Pam Bondi Asks Federal Court To Toss Out "Harmful" Marriage Suit

Via the Associated Press:

The attorney general of Florida says in court documents that recognizing same sex marriages performed in other states would "impose significant public harm." Attorney General Pam Bondi has filed a response that asks a federal judge to throw out the lawsuit. Bondi's office says the state has a legitimate interest in defining a marriage as between a man and woman because Florida's voters adopted an amendment in 2008 that banned same-sex marriages. The filing also says same-sex marriage recognition would create significant problems for the state's pension and health insurance programs.

The ACLU, who brought this suit, responds:

"Florida's discriminatory laws cause serious harm to real families across the state," attorney Daniel Tilley said in a statement. "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." Equality Florida called Bondi's letter "deplorable." "The only Florida families suffering harm are the LGBT families who continue to be discriminated against. Pam Bondi is on the wrong side of history and on the wrong side of Florida public opinion," wrote Nadine Smith, head of the organization.

RELATED: Bondi took office in 2010 after being endorsed by Sarah Palin. In 2012 Bondi was the lead litigant when she and 26 other state attorneys general unsuccessfully attempted to overturn the Affordable Care Act.

FLORIDA: Marriage Hearing Set For July

Via Equality Florida:

Our Marriage Equality Lawsuit Hearing has been scheduled for July 2nd at 4pm in front of Miami-Dade Circuit Judge Sarah Zabel. The suit is on behalf of six South Florida same-sex couples and the Equality Florida Institute challenging that Amendment 2 and other Florida laws banning marriage equality are unconstitutional. The initial lawsuit was filed in January, and the still undecided motion to intervene was filed in February. Eleventh Judicial Circuit Court Judge Sarah Zabel was expected to rule May 14 on whether the Liberty Counsel can intervene in the lawsuit on behalf of three anti-gay groups, but postponed her ruling and still had not issued a decision. Eleventh Judicial Circuit Court Judge Sarah Zabel was expected to rule May 14 on whether the Liberty Counsel can intervene in the lawsuit on behalf of three anti-gay groups, but postponed her ruling and still had not issued a decision.

The National Center for Lesbian Rights is representing the plaintiffs.

RELATED: Last month the Liberty Counsel was denied in their motion to intervene in the ACLU's federal suit against the state of Florida. The case referenced above is before the state court.

FLORIDA: Six Gay Couples File Lawsuit To Overturn Ban On Same-Sex Marriage

Today Florida finally joined the list of states facing down a lawsuit to overturn a ban on same-sex marriage. Via the National Center for Lesbian Rights:

The couples are from Miami and the surrounding area. Four of the couples are raising children, and another couple has an adult child and two grandchildren. The couples are: Catherina Pareto and Karla Arguello; Dr. Juan Carlos Rodriguez and David Price; Vanessa and Melanie Alenier; Todd and Jeff Delmay; Summer Greene and Pamela Faerber; and Don Price Johnston and Jorge Isaias Diaz. They are represented by the law firm Carlton Fields Jorden Burt, attorney Elizabeth F. Schwartz, attorney Mary B. Meeks, and the National Center for Lesbian Rights (NCLR). Said Pareto: “Florida is our home, it is where we are raising our child, and where we want to get married. Karla and I wish for our family the same things that other families want. We want to build our lives together, provide a safe and caring home for our child, and share in the responsibilities and protections of marriage.”

UPDATE: The ACLU is cheering.

“Marriage equality is inevitable and coming soon for Floridians because brave couples are demanding the dignity under the law that marriage provides. We are hopeful that the court hearing this case will agree with courts across the country that the Constitution requires that same-sex couples be permitted to marry. Following our victory last June in the Windsor case at the Supreme Court, which largely ended federal marriage discrimination, including for Floridians, the ACLU has been organizing legislative and ballot initiatives and also building lawsuits across the country—so far in Pennsylvania, Virginia, North Carolina, and Oregon—to ensure that the case that reaches the Supreme Court next leads to the nationwide solution we are all working so hard for. Just as Floridians benefited from the Windsor case and the case of Loving v. Virginia before that, we are confident that our work and the work of our fellow LGBT organizations will lead to finally bringing marriage equality to all fifty states, including Florida.”