Brenner v. Scott*
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.