Same-Sex Marriage Challenge Involving the Clerk of Court

Harvey Ruvin

Represented Harvey Ruvin, the Miami-Dade County Clerk of the Court in a lawsuit challenging Florida's constitutional and legislative ban on same-sex marriages. The Clerk was sued in his official capacity as the state officer authorized to issue marriage licenses. The lawsuit was filed in the wake of a United States Supreme Court decision which overturned as unconstitutional a federal statute that prevented federal agencies from recognizing same-sex marriages. Our team argued that the Clerk is a neutral party who is compelled to adhere to state law or face criminal penalties. The ban on same-sex marriages was subsequently overturned, but the Court expressly acknowledged the Clerk's role as a neutral party as to the merits of the case.

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