WILSON v. AKE
354 F.Supp.2d 1298 (2005)
Rev. Nancy WILSON and Dr. Paula Schoenwether, Plaintiffs,
Richard L. AKE and John Ashcroft, Defendants.
United States District Court, M.D. Florida, Tampa Division.
January 19, 2005.
Robert I. Barrar, Jr., Law Offices of Ellis Rubin and Robert I. Barrar, Ellis Stuart Rubin, Rubin & Rubin, Miami, FL, Guy Bennett Rubin, Rubin & Rubin, Stuart, FL, for Plaintiffs.
David Jay Glantz, Florida Attorney General, Civil Litigation Division, Ft. Lauderdale, FL, for Richard L. Ake, Defendant.
W. Scott Simpson, U.S. Department of Justice, Washington, DC, for Defendant.
Erik W. Stanley, Liberty Counsel, Longwood, FL, for Cody Taylor, Intervenor Defendant.
MOODY, District Judge.
THIS CAUSE comes before the Court upon United States Attorney General John Ashcroft's Motion to Dismiss (Dkt.#31), Memorandum in Support of United States Attorney General Ashcroft's Motion to Dismiss (Dkt.# 39), and Plaintiffs' Memorandum of Law in Opposition to the United States Attorney General's Motion to Dismiss (Dkt.#48). The Court, having considered the Motion and Memoranda, and being otherwise fully advised, finds that the Motion should be granted.FACTUAL AND PROCEDURAL BACKGROUND
Plaintiffs Nancy Wilson and Paula Schoenwether allege that they are a lesbian couple who reside together in the Middle District of Florida. According to the Complaint, Plaintiffs were legally married in the State of Massachusetts and possess a valid marriage license from that State. Plaintiffs allege that they personally presented their Massachusetts marriage license to a Deputy Clerk at the Clerk of the Circuit Court's Office in Hillsborough County, Florida, asking for "acceptance of the valid and legal Massachusetts marriage license." (Complaint, ¶ 12). Plaintiffs allege that "[t]heir demand was refused by Defendant Ake, whose Deputy Clerk stated that according to Federal and Florida law, the Clerk is not allowed to recognize, for marriage purposes, the Massachusetts marriage license, because Federal and Florida law prohibit such recognition." (Complaint, ¶ 12).
Plaintiffs have filed a Complaint for Declaratory Judgment asking this Court to declare the Federal Defense of Marriage Act ("DOMA"), 1 U.S.C. § 7; 28 U.S.C. § 1738C,1 and Florida Statutes § 741.212,2 unconstitutional and to enjoin their enforcement.
Plaintiffs have sued, in their official capacities, Richard L. Ake, Clerk of the Circuit Court in Hillsborough County, Florida, and United States Attorney General John Ashcroft.3
Plaintiffs allege that the two statutes violate the Full Faith and Credit Clause, the Due Process clause of the Fourteenth Amendment, the Equal Protection Clause of the Fourteenth Amendment, the Privileges and Immunities Clause, and the Commerce Clause of the United States Constitution.