A few months ago the Florida Family Association filed a motion to intervene as a party to a lawsuit challenging that state’s ban on same-sex marriage and the judge in the case has denied that motion. And it’s pretty obvious that the wingnuts have no idea what is required to intervene in a case.
A judge has ruled that the anti-gay Florida Family Association (FFA) may not intervene legally in two challenges to Florida’s ban on same-sex marriage because none of its members would be directly affected by gay couples getting married.
‘No FFA member seeks to enter a same-sex-marriage or will be directly affected if others enter same-sex marriages,’ District court Judge Robert Hinkle found in his ruling.
‘FFA’s generalized interest in opposing same-sex marriage does not entitle FFA to intervene.’
The judge also found that the FFA’s lawyers, the Liberty Counsel, had failed to cite a federal statute under which the group could argue they had a right to be considered a party to the case.
Under the Federal Rules of Civil Procedure, a group or individual must have a specific interest in the outcome of the case that can’t be adequately defended without them being a party to that case. That is quite obviously not the case here. You can’t intervene just because you support one side or the other. One of their fellow groups of bigots in the state seems quite confused about that:
Judge Hinkle is sworn to uphold the U.S. and Florida Constitution, including the Fourteenth Amendment guarantee to equal protection and due process. However, Hinkle has violated his oath of office by deciding he does not want to hear from Florida Family Action Committee and the eight million Florida voters who cast their ballot on the Florida marriage amendment. This preliminary ruling violates the equal protection and due process rights of ALL Florida voters. Therefore, his claim that no FFA member seeks to enter a same-sex-marriage or will be directly affected if others enter same-sex marriages is false. What is true is that no Floridian will be directly or indirectly affected if U.S. District Judge Robert L. Hinkle is impeached.
Wrong, wrong, wrong. The FFA can still file a brief in the case. And the law is being defended by the state government on behalf of those voters. They simply have no idea what they’re talking about.