Brenner v. Armstrong

Brief Filed: 12/19/14
Court: U.S. Court of Appeals for the 11th Circuit
Year of Decision: 2015

Read full-text amicus briefopens in new window (PDF, 130KB)

This case is a federal challenge to the Florida statute and state constitutional provision, banning same-sex marriage and recognition of out-of-state same-sex marriages.

Sexual Orientation (discrimination; same sex-marriage)

The consolidated cases were filed on behalf of a same-sex couples who are seeking respect for their marriages legally performed in other states. On Aug. 21, 2014, U.S. District Court Judge Robert Hinkle ruled in favor of marriage equality and respect for marriages legally performed between same-sex couples in other states. The ruling was stayed until 91 days after action from the U.S. Supreme Court. On Sept. 4, the state filed an appeal to the United States Court of Appeals for the 11th Circuit. On Jan. 2, 2015, the Florida Attorney General notified the Court that appellants would not file a reply brief. Oral argument has not yet been scheduled.

APA’s amicus briefs present an accurate and comprehensive summary of the current state of scientific and professional knowledge concerning sexual orientation, same-sex relationships, and the children of same-sex couples. Drawing on the cumulative scientific knowledge in these areas, APA makes four main arguments 1) that homosexuality is a normal expression of human sexuality, is generally not chosen, and is highly resistant to change; 2) that same-sex relationships are equivalent to heterosexual relationships in essential respects; and, that excluding same-sex couples from the institution of marriage denies them social, psychological and health benefits; 3) that there is no scientific basis for concluding that same-sex couples are not fit parents or that children of same-sex couples are any less psychologically healthy and well-adjusted than children of heterosexual couples; and 4) that denying same-sex couples access to marriage is an instance of stigma.

On June 26, 2015, in a 5-4 ruling the U.S. Supreme Court held in Obergefell that the 14th amendment requires marriage equality and that all states must allow same-sex couples to marry as well as recognize same-sex marriages entered into out-of-state. On Aug. 4, 2015, the Grimsley plaintiffs moved for summary judgment. The defendants opposed, arguing that the court should not grant summary judgment but rather dismiss the case as moot. The defendants moved for voluntarily dismissal of the appeal at the Eleventh Circuit and on October 19, 2015, the Eleventh Circuit granted the voluntary dismissal.