Huntsman v. Heavilin*

Nature of Claims: 
Seeking only the freedom to marry for unmarried same-sex couples
(includes federal claims)
Restivio, Reilly & Vigil-Farinas

Filed 4/1/14 by same-sex couple in Key West.  Amended complaint, notice of constitutional question, answer and affirmative defenses, and reply to answer and affirmative defenses all have been filed.  A motion for summary judgment was filed by plaintiffs on 5/20/14 and argued 7/7/14.  On 7/17/14, the court granted the motion and ordered the Key West Clerk to allow same-sex couples to marry beginning 7/22/14.  Defendants appealed, which under Florida law stayed the trial court’s order automatically.  On 7/23/14, plaintiffs filed a motion to vacate the stay.  On 7/28/14, plaintiffs requested the Florida Appeals Court exercise “pass through” jurisdiction and allow this case to proceed directly to the Florida Supreme Court.  Plaintiffs and the plaintiffs in Pareto v. Ruvin, above, filed motions to have the two cases consolidated. On 8/21/14, Appellees replied to the response of appellants regarding certification to the Florida Supreme Court and responded to the motion to stay briefing.  On 8/28/14, the motion to stay was denied and this case was consolidated with Pareto.  See entries for Pareto from 8/28/14 forward, which apply equally to this case.

Court Level: 
Thursday, August 28, 2014