Brenner v. Scott*

Nature of Claims: 
Seeking freedom to marry for unmarried same-sex couples and recognition of marriages entered by same-sex couples in other jurisdictions
Sheppard, White & Kachergus, P.A.; Bledsoe, Jackson, Schmidt, Wright, Lang & Wilkinson

Same-sex couple married in Canada filed suit as well as a motion for preliminary injunction on 2/28/14.  On 3/18/14, plaintiffs filed an amended motion for declaratory and injunctive relief, adding an unmarried same-sex couple as additional plaintiffs.  This case was ordered consolidated, by consent, with Grimsley v. Scott.  Florida Family Action moved to intervene, which was opposed 4/21/14, and denied 4/24/14.  Plaintiffs moved for a preliminary injunction.  Defendant Washington County Clerk and state defendant officials filed motions to dismiss and oppositions to plaintiffs’ preliminary injunction motion on 5/12/14.  Plaintiffs’ opposition to the motions to dismiss and plaintiffs’ reply in support of their preliminary injunction motion were filed 5/27/14.  On 8/21/14, the court denied the motions to dismiss and granted a preliminary injunction in favor of plaintiffs, which it stayed until 91 days after stays have been denied or lifted in Bostic, Bishop, and Kitchen.  On 10/7/14, plaintiffs filed a motion to lift the stay, on 10/24/14 the AG opposed this, and on 10/28/14 the other defendants filed a response in opposition to lifting the stay as well.  On 10/28/14, the Grimsely plaintiffs filed a brief in support of lifting the stay.  Meanwhile, on 9/5/14, defendants filed a notice of appeal of the preliminary injunction.  Appellants’ opening brief to the 11th Circuit was filed 11/14/14.  On 11/18/14, they also filed a motion with the 11th Circuit for a stay of the preliminary injunction pending appeal.  On 11/26/14, plaintiffs-appellees opposed the stay motion.  On 12/3/14, the stay was denied.  However, the stay ordered by the district court remained in effect until the end of the day on 1/5/15.  On 12/15/14, defendants-appellants applied to the Supreme Court to extend that stay pending appeal.  The Brenner and Grimsley plaintiffs filed their responses on 12/18/14.  Justice Thomas referred the application to the full court and, on 12/19/14, the application was denied.  On 12/15/14, appellees’ brief was filed in the 11th Circuit.  On 1/2/15, appellants notified the court that they will not file a reply brief and that the case could be submitted to the court.  On 2/4/15, the 11th Circuit ordered the appeal held in abeyance until the Supreme Court decides the Obergefell and related appeals.

Friday, March 6, 2015