Quimbee logo
DMCA.com Protection Status
From our private database of 17,500+ case briefs...

Wilson v. Ake

United States District Court for the Middle District of Florida
354 F. Supp. 2d 1298 (M.D. Fla. 2005)


Nancy Wilson and Paula Schoenwether (plaintiffs) were legally married in Massachusetts. The plaintiffs presented their Massachusetts marriage license to the clerk of the Circuit Court’s Office in Hillsborough County, Florida, so that the clerk could accept and recognize the license in Florida. Clerk Richard Ake (defendant) denied the plaintiffs’ request for recognition. The plaintiffs sued Ake and U.S. Attorney General John Ashcroft (defendant), arguing that (1) the Full Faith and Credit Clause of the U.S. Constitution mandated that Florida recognize the plaintiffs’ valid Massachusetts marriage license, (2) the right to marry a person of the same sex was a fundamental right, and (3) strict-scrutiny review should be applied to the federal Defense of Marriage Act (DOMA). The United States filed a motion to dismiss, claiming that encouraging the raising of children in households with both a father and mother was a legitimate state interest.

Rule of Law


Holding and Reasoning (Moody, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,500 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial