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.