Wednesday, December 3, 2014

Eleventh Circuit Denies Stay of Same-Sex Marriage Ban Injunction in Florida

In August Judge Robert Hinkle of the Northern District of Florida found in Brenner v. Scott that Florida's same-sex marriage bans in the constitution as Article I §27 and Florida Statutes §741.04(1) violated the Fourteenth Amendment. 

Today, an Eleventh Circuit panel consisting of Judges Frank Hull, Charles Wilson, and Aldaberto Jordon in a brief Order in Brenner v. Armstrong granted expedited treatment of a motion to extend the stay of the preliminary injunction, but denied the motion. 

Atl_tuttle_bldg
Elbert P. Tuttle Courthouse in Atlanta


The Order concluded:

The stay of preliminary injunctions entered by the District Court expires at the end of the day on January 5, 2015.

Thus, unless there is en banc review or a United States Supreme Court stay, same-sex marriages will begin in Florida in first days of the new year.

https://lawprofessors.typepad.com/conlaw/2014/12/eleventh-circuit-denies-stay-of-same-sex-marriage-ban-injunction-in-florida.html

Courts and Judging, Equal Protection, Family, Federalism, Fourteenth Amendment, Sexual Orientation | Permalink

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