Supreme Court of Florida

In action involving the issue of whether The Florida Bar can permit a voluntary section of the Bar to file an amicus brief in pending litigation related to a Florida law that prohibits homosexuals from adopting children, plaintiff's request for injunctive relief is denied where: 1) the Bar's actions in permitting the Family Law Section to file an amicus brief in support of a trial court ruling that held the law unconstitutional does not violate plaintiff's First Amendment rights, as membership in the section is voluntary and any such advocacy by a section is not funded with compulsory dues; and 2) the Bar's approval of the filing of an amicus brief by a voluntary section does not constitute an ultra vires act as the Bar did not act contrary to any of its rules or policies or rules promulgated by the Florida Supreme Court.

Appellate Information

• Decided 06/04/2009
• Published 06/04/2009

Judges

• PARIENTE, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Mathew Duane Staver, Maitland, Florida, and Mary E. McAlister, Lynchburg, Virginia, for Petitioner.


• For Appellees:
  
• Barry Scott Richard of Greenberg Traurig, P.A., Tallahassee, Florida, for Respondent.