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Wilson v. Ake

United States District Court for the Middle District of Florida

354 F. Supp. 2d 1298 (M.D. Fla. 2005)

Relevant factsFree

Nancy Wilson and Paula Schoenwether (plaintiffs) were legally married in Massachusetts and asked a Florida court clerk, Richard Ake (defendant), to recognize their marriage license; he refused. The plaintiffs sued Ake and the U.S. Attorney General (defendant), arguing the Full Faith and Credit Clause required Florida to recognize the license, that same-sex marriage was a fundamental right, and that the federal Defense of Marriage Act (DOMA) should face strict scrutiny. The United States moved to dismiss.

IssueFree

Whether the Full Faith and Credit Clause requires a state to apply another state's law in violation of its own legitimate public policy.

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