About this Case

Plaintiffs sought to have Florida’s law banning same-sex marriages declared unconstitutional.  They were successful at the U.S. District Court level, and the defendants were not successful in convincing the U.S. Court of Appeals for the 11th Circuit or the U.S. Supreme Court to stay the District Court’s ruling.

Summary of NLF's Brief

Our brief to the U.S. Court of Appeals for the Eleventh Circuit argued that under that Court’s decision in Lofton v. Secretary of Department of Children & Family Services, 358 F.3d 804 (11th Cir. 2004), homosexuals cannot be considered a suspect or quasi-suspect class.  This case argues that political powerlessness is a key factor in identifying protected classes. Homosexuals have powerful political allies both nationally and in Florida. The homosexual community is well-financed by a broad range of contributors and resources. Many religious groups support homosexual causes, and that public opinion is trending in favor of homosexuals, including on the marriage issue.