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April 7, 2005 Same-Sex Marriage Advocates Dismiss Seven of Eight Cases Filed in Florida Orlando, FL - Same-sex marriage advocates have now dismissed seven of eight lawsuits filed in Florida challenging Florida's marriage laws. The dismissal of these cases follows on the heels of a federal court decision in the Florida case of Wilson v. Ake, which upheld Florida's marriage laws earlier this year. Liberty Counsel filed motions to intervene in each of the eight cases to defend Florida's marriage laws. Six of the eight cases that were filed in state court include the following: Ash v. Forman (Broward County); Higgs v. Kolhage (Monroe County); Clayton v. Ake (Hillsboro County); Merritt v. Gardner (Orange County); Berman v. Wilkin (Pam Beach County); and Kelley v. Green (Lee County). Of the six state court cases, all have been dismissed except for the Higgs case which is filed in Key West, Florida, located in Monroe County. The two federal court cases that have now been dismissed include Sullivan v. Bush (Southern District of Florida) and Wilson v. Ake (Middle District of Florida). On January 19, 2005, in the Wilson case, Tampa federal judge James Moody, Jr. dismissed a challenge to Florida's marriage laws and upheld the constitutionality of the federal Defense of Marriage Act. The Wilson case rejected an attempt to extend a Massachusetts same-sex marriage to Florida. Following this decision, Attorney Ellis Rubin, who filed seven of the eight lawsuits, dismissed every one of his cases. The Higgs case in Key West is the only challenge remaining in Florida to the marriage laws. The plaintiffs in Higgs are represented by the National Center for Lesbian Rights. Mathew D. Staver, President and General Counsel of Liberty Counsel, commented: "Although seven of the eight court challenges against Florida's marriage laws have been dismissed, Florida voters can only take comfort in protecting marriage though the passage of a state constitutional amendment. To successfully defend marriage, we have to win 100% of the time. One loss can have huge repercussions and create a ripple effect around the country. Marriage was not created by the courts and should not be destroyed by them. Efforts to pass state and federal constitutional amendments to preserve marriage as the union of one man and one woman will continue to move forward. Last year illustrated when the people speak on marriage, they choose the union of only one man and one woman." A large coalition of Florida groups is promoting a citizen initiative to pass a state constitutional amendment. The proposed amendment, which is planned for a statewide vote in 2006, states: "Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized." The petition for the amendment is accessible online at www.LC.org. More Hearings on Transsexual Custody Case Yesterday I was in court for 7-1/2 hours before Judge Gerard O'Brien in Pinellas County, Florida, on the case of Kantaras v. Kantaras. Prior to Liberty Counsel taken the case on appeal, Judge O'Brien ruled in favor of transsexual marriage in spite of Florida's Defense of Marriage Act, stating that the notion a person's gender is fixed at birth is an outdated, Nineteenth Century stereotypic concept that ought to be rejected. The Florida appeals court reversed this decision and ruled that a person's sex is an immutable characteristic fixed at birth and that Florida does not recognize transsexual marriage. The court hearing yesterday involved returning full custody of two children to our client, Linda Kantaras, who is now a Christian and is the children's biological mother. The judge had changed custody from the biological mother to the transsexual. We will have to return to court again on April 29 for another full day of hearing. Please continue to pray for Linda so that she can soon obtain full custody of her own children. Same-Sex
Marriage: Putting Every Household at Risk Make a tax-deductible online donation to this ministry Request
a complimentary subscription Please forward this email to your entire address book. Liberty Counsel, headquartered in Orlando, Florida, is a nonprofit litigation, education and policy organization dedicated to advancing religious freedom, the sanctity of human life and the traditional family. On the campus of Liberty University School of Law in Lynchburg, Virginia, Liberty Counsel's Center for Constitutional Litigation and Policy trains attorneys, law students, policymakers, legislators, clergy and world leaders in constitutional principles and government policies. Mathew
D. Staver, Esq. | |
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