IN THE DISTRICT COURT OF APPEAL OF FLORIDA

THIRD DISTRICT

STATE OF FLORIDA,

Appellant, Case No. 3D14-1816

v. L.T. Case No. 14-1661 CA 24

CATHERINA PARETO, et al.,

Appellees.
/

STATE OF FLORIDA,

Appellant, Case No. 3D14-1783

v. L.T. Case No. 2014-CA-305-K

AARON R. HUNTSMAN, et al.,

Appellees.
/

STATE OF FLORIDAS SUPPLEMENTAL RESPONSE
IN SUPPORT OF PASS-THROUGH CERTIFICATION

The sole issue on appeal is whether the Fourteenth Amendment to the Unit-
ed States Constitution requires states to allow same-sex marriage. That is unques-
tionably an important issue, and the Plaintiffs, the State, and all citizens deserve a
definitive answer. Until recently, the issue was squarely before the United States
Supreme Court, and it appeared that a definitive answer was coming. Several certi-
orari petitions from several states asked that Court to take up the issue and rule.
Even those who had prevailed below sought Supreme Court review.
1
The United
States Supreme Court had the opportunity to answer the question with a decision
binding on all citizens. That decisionhad there been onewould have ended
these cases and all others like it.
Unfortunately, the United States Supreme Court decided not to answer the
question. Last Monday, it denied the pending certiorari petitions. See Order List,
574 U.S. __ (Oct. 6, 2014). The Supreme Court therefore appears unlikely to pro-
vide finality on this critical issue in the immediate future.
Floridas courts will therefore need to resolve the issue without further Unit-
ed States Supreme Court guidance. Because there are cases pending in multiple
districts, and because this is an issue of great public importance that now warrants
immediate Florida Supreme Court review, the State respectfully suggests pass-
through certification.
1
See, e.g., Brief for Respondent at 3, Rainey v. Bostic, No. 14-153 (U.S.) (arguing
that despite Respondents victory below, the Court should nevertheless grant the
petition for certiorari because this case presents a question of exceptional im-
portance that is currently being litigated in state and federal courts across the coun-
try).

2


I.
These two consolidated appeals followed two trial court decisions invalidat-
ing Floridas marriage laws. The State intervened in both cases to defend Floridas
laws. The decisions below are stayed pending appeal.
After the State appealed, Plaintiffs suggested that immediate Florida Su-
preme Court review was necessary to bring finality to this issue on a statewide
basis. Suggestion at 3. The State responded that because the United States Su-
preme Court was poised to resolve the issue, there was no immediate need for Flor-
ida Supreme Court review. Response at 11. This Court neither granted nor denied
the suggestion; it entered an order stating that the pass-through suggestion would
be carried with the case.
In light of changed circumstances, the State respectfully requests that the
Court act on the suggestion now and certify pass-through jurisdiction.
II.
Although this Court routinely handles important constitutional questions and
is equipped to do so, this particular issue now requires a prompt Florida Supreme
Court decision. There are appeals pending in other districts raising the constitu-
tionality of Floridas marriage laws in different contexts. See, e.g., Shaw v. Shaw,
Case No. 2D14-2384 (Fla. 2d DCA) (challenging inability of same-sex couple
3

married in other state to obtain marriage dissolution in Florida);
2
Dousset v. Flori-
da Atlantic University, Case No. 4D14-480 (Fla. 4th DCA) (challenging university
decision denying same-sex spouse in-state tuition based on Florida law precluding
recognition of same-sex marriage). And other lower-court decisions have prompted
uncertainty and confusion.
III.
To be sure, only the rare case meets the threshold for pass-through certifica-
tion. See State v. Adkins, 71 So. 3d 184, 186 n.1 (Fla. 2d DCA 2011); Fla. Dept of
Agr. & Consumer Servs. v. Haire, 832 So. 2d 778, 781 (Fla. 4th DCA 2002). But
the United States Supreme Courts recent inaction makes this that rare case. To
date, no appellate court in Florida has ruled on the important issue this case pre-
sents. Floridas citizens need a definitive answer, and they need it sooner rather
2
In a divided decision, the en banc Second District certified Shaw for pass-
through. The Florida Supreme Court declined immediate review for the reasons
set forth in J udge Altenbernds dissent. Shaw v. Shaw, SC14-1664 (Fla. Sept. 5,
2014). That dissent noted that (i) the State was not a party in that case, (ii) the issue
there was not whether Florida is constitutionally compelled to marry same-sex
couples, and (iii) the order on appeal contain[ed] no reasoning as to the issue on
appeal. Shaw v. Shaw, -- So. 3d --, 2014 WL 4212771, at *4-5 (Fla. 2d DCA Aug.
27, 2014) (Altenbernd, J ., dissenting); see also id. at *5 (This issue, unlike the
constitutionality of the ban on same sex marriage, may never require the attention
of the supreme court.). Those factors distinguish this case from Shaw, and the
Florida Supreme Courts order in Shaw does not suggest it would decline jurisdic-
tion in this case.
4


than later. The State of Florida therefore respectfully asks that this Court grant the
suggestion and certify these cases for immediate Florida Supreme Court review.
Respectfully submitted,
PAMELA J O BONDI
ATTORNEY GENERAL

/s/ Allen Winsor
ALLEN WINSOR
Florida Bar No. 16295
Solicitor General
ADAM S. TANENBAUM
Florida Bar No. 117498
Chief Deputy Solicitor General

Office of the Attorney General
The Capitol PL01
Tallahassee, Florida 32399-1050
Telephone: (850) 414-3681
Facsimile: (850) 410-2672
allen.winsor@myfloridalegal.com
adam.tanenbaum@myfloridalegal.com

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 13th day of October, 2014, a true copy of
the foregoing was furnished via e-mail to counsel of record at the e-mail addresses
indicated on the attached service list, constituting compliance with Florida Rule of
J udicial Administration 2.516(b) and Florida Rule of Appellate Procedure
9.420(c).

/s/ Adam S. Tanenbaum
ADAM S. TANENBAUM
Florida Bar No. 117498

6

SERVICE LIST

SYLVIA H. WALBOLT
swalbolt@cfjblaw.com
rosborne@cfjblaw.com
tpaecf@cfdom.net
LUIS PRATS
lprats@cfjblaw.com
lcoffey@cfjblaw.com
NANCY J . FAGGIANELLI
nfaggianelli@cfjblaw.com
pparrey@cfjblaw.com
CARLTON FIELDS JORDEN
BURT, P.A.
4221 West Boy Scout Boulevard,
Suite 1000
Tampa, Florida 33601
Counsel for Plaintiffs in
Case No. 3D14-1816

J EFFREY M. COHEN
jmcohen@cfjblaw.com
pwatson@cfjblaw.com
CRISTINA ALONSO
calonso@cfjblaw.com
cschmidle@cfjblaw.com
miaecf@cfdom.net
CARLTON FIELDS JORDEN
BURT, P.A.
100 Southeast Second Street,
Suite 4200
Miami, Florida 33131
Counsel for Plaintiffs in
Case No. 3D14-1816





ELIZABETH SCHWARTZ
eschwartz@sobelaw.com
ELIZABETH F. SCHWARTZ, PA
690 Lincoln Road, Suite 304
Miami Beach, Florida 33139
Counsel for Plaintiffs in
Case No. 3D14-1816

MARY B. MEEKS
marybmeeks@aol.com
MARY MEEKS, P.A.
Post Office Box 536758
Orlando, Florida 32853
Counsel for Plaintiffs in
Case No. 3D14-1816

SHANNON P. MINTER
sminter@nclrights.org
CHRISTOPHER F. STOLL
cstoll@nclrights.org
DAVID C. CODELL
dcodell@nclrights.org
ASAF ORR
aorr@nclrights.org
NATIONAL CENTER FOR
LESBIAN RIGHTS
870 Market Street, Suite 370
San Francisco, California 94102
Counsel for Plaintiffs in
Case No. 3D14-1816







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SERVICE LIST (contd)
LUIS G. MONTALDO
cocgencounsel@miamidade.gov
larruza@miamidade.gov
MIAMI-DADE CLERK OF THE
COURTS
Post Office Box 13267
Miami, Florida 33101
Counsel for Defendant Clerk in
Case No. 3D14-1816

EILEEN BALL MEHTA
emehta@bilzin.com
eservice@bilzin.com
BILZIN SUMBERG BAENA PRICE
& AXELROD, LLP
1450 Brickell Avenue, Suite 2300
Miami, Florida 33131
Counsel for Defendant Clerk in
Case No. 3D14-1816

ELENA VIGIL-FARINAS
elena@rrvflaw.com
BERNADETTE RESTIVO
bernadette@rrvflaw.com
J ESSICA REILLY
jessica@rrvflaw.com
THOMAS L. HAMPTON
tom@rrvflaw.com
RESTIVO, REILLY & VIGIL-
FARINAS LLC
103400 Overseas Highway, Suite 237
Key Largo, Florida 33037
Counsel for Plaintiffs in
Case No. 3D14-1783





RONALD E. SAUNDERS
ronesaunders@comcast.net
2018 Lawson Road
Tallahassee, Florida 32308-4829
Counsel for Defendant Clerk in
Case No. 3D14-1783

ROBERT F. ROSENWALD, J R.
robertrosenwald@miamibeachfl.gov
NICHOLAS E. KALLERGIS
nickkallergis@miamibeachfl.gov
OFFICE OF THE CITY
ATTORNEY, CITY OF
MIAMI BEACH
1700 Convention Center Drive,
Fourth Floor
Miami Beach, Florida 33139
Counsel for Amicus

CYNTHIA L. GREENE
gspa@greenesmithlaw.com
LISSETTE GONZALEZ
lg@greenesmithlaw.com
GREENE SMITH & ASSOCS., P.A.
2555 Ponce de Leon Blvd., Ste. 230
Coral Gables, Florida 33134
Counsel for Amicus

CHRISTOPHER W. RUMBOLD
cwr@gwpa.com
GLADSTONE & WEISSMAN, P.A.
101 North Federal Highway, Suite 702
Boca Raton, Florida 33432
Counsel for Amicus





8

SERVICE LIST (contd)
HORATIO G. MIHET
hmihet@liberty.edu
MATTHEW D. STAVER
liberty@lc.org
ANITA L. STAVER
court@lc.org
LIBERTY COUNSEL
Post Office Box 540774
Orlando, Florida 32854-0774
Counsel for Amicus











9