A Florida conservative group yesterday filed papers to intervene in what is thought to be the first lawsuit by a homosexual couple to gain interstate recognition of their Massachusetts “marriage.”
The interests of Florida businesses, churches and citizens “would be profoundly affected if same-sex marriage were to be recognized in Florida,” said Mat Staver, president of Liberty Counsel in Orlando.
Mr. Staver was responding to a lawsuit filed Tuesday by the Rev. Nancy Wilson and Paula Schoenwether, a Bradenton, Fla., couple “married” in Provincetown, Mass., on July 2.
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The women later sought a Florida marriage license but were rejected.
They filed a lawsuit this week in U.S. District Court in Tampa to challenge the federal Defense of Marriage Act, which says states don’t have to recognize one another’s same-sex unions, and a Florida law that defines marriage as the union of one man and one woman.
These laws violate Miss Wilson and Miss Schoenwether’s rights to equal protection under the law, said their attorney, Ellis Rubin.
Liberty Counsel members, business owners, a church and a clerk want to see Florida marriage laws upheld and are parties in the intervention papers, Mr. Staver said yesterday.
The lawsuit is thought to be the first time a homosexual couple, with a license in hand, has sued to gain national and federal “marriage” recognition.
“No one has anything to be afraid of by recognizing our marriage,” Miss Wilson, a senior pastor of the Metropolitan Community Church, said Tuesday.
The lawsuit names as defendants U.S. Attorney General John Ashcroft and county clerk Richard L. Ake, whose office declined to issue the couple a Florida marriage license. Mr. Ashcroft has the longest time — 60 days — to respond.
Massachusetts has been issuing “marriage” licenses to same-sex couples since May 17. As of May 21, however, the Massachusetts Attorney General’s Office advised all clerks to “cease and desist” issuing licenses to nonresident same-sex couples who don’t plan to relocate there. A 1913 law forbids nonresident couples from marrying in Massachusetts if they can’t marry in their home states.
When asked about the couple’s July 2 “marriage” date, Shawn Feddeman, spokeswoman for Massachusetts Gov. Mitt Romney, said yesterday: “Any marriages performed outside the law are considered null and void.”
Mr. Rubin, who has offices in Miami, said the July 2 date had no bearing on the case. “We don’t pay attention to what they’ve said. We have a valid marriage license and we want to make it valid throughout the United States,” Mr. Rubin said yesterday. “As far as the background, let Massachusetts come into the case and object.”
Mr. Rubin has filed five other homosexual right-to-marry lawsuits in Florida in recent months. Liberty Counsel also is heavily involved in same-sex “marriage” issues, with at least 20 cases outstanding.
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