U.S. District Judge Robert L. Hinkle on Thursday denied the request by the Florida Family Policy Council, which is seeking to preserve the constitutional ban, but said the group could file amicus briefs on the issues presented in the case.
The Florida Family Policy Council was the leading anti-gay group that advocated for the amendment when it was approved by 62 percent of voters in 2008
Earlier in the week, Hinkle consolidated the two federal cases, both of which were filed in U.S. District Court in Tallahassee.
The cases are Brenner v. Scott, filed on behalf of a same-sex couple married in Canada in 2009; and, Grimsley and Albu v. Scott, filed by ACLU on behalf of eight married, same-sex couples. Plaintiffs in both cases are challenging Florida’s refusal to recognize their marriages.
The Brenner case was expanded last month to include additional plaintiffs — a same-sex couple seeking the right to marry in Florida.