Another Threat to Gay Adoption Failed in 2015

Earlier this year, there was another bill on the table in Florida regarding same-sex couples adopting, though that proposed law would have threatened gay adoption rights, not preserved them. HB 7111 would have allowed private adoption companies to deny adoption for gay couples by citing “religious or moral convictions or policies” without risking losing their adoption agency license from the state. Though the bill was presented as a protection of religious freedom, opponents maintained that it was no more than a thinly veiled attack on the equal rights of same-sex couples.

HB 7111 passed overwhelmingly in the Florida House of Representatives though it could not get passed in the Senate to be sent to Gov. Scott’s desk. Gov. Scott, however, has been a vocal supporter of the bill and would most certainly sign it if it passed through the legislature. Gov. Scott has stated that he hopes the bill will be proposed again in upcoming legislative sessions but, for now, private adoption agencies cannot legally deny adoption to couples because they are gay.

Family Law Rights Improve for Same-Sex Couples in Florida

In addition to formally lifting the ban on gay adoption, same-sex couples also received the right to legally marry and get divorced in Florida this year. The extension of numerous family law rights to gay couples also means that more same-sex couples may be headed into the state family courts to resolve any family-related legal disputes. These cases should be handled in the same manner and in accordance with the same family laws as any case involving opposite-sex spouses or parents.

Call an Experienced Florida Family Law Attorney for Assistance Today

Families can face many different types of legal issues, including adoption, paternity, divorce, child custody, domestic violence, and more. Boca Raton family law lawyer Alan R. Burton understands that many of these issues can be costly and stressful and he strives to handle every case in the most efficient manner possible. Mr. Burton thoroughly understands the ever-changing Florida family laws and knows how to apply them to your case to achieve the most favorable result for you. If you are facing a family law matter in Florida, call for a free consultation at (954) 229-1660 today.

Are You Legally Eligible to Marry?

There are many factors that may make you legally ineligible to marry in the state of Florida, including the following:

• Age — You must be at least 18 years of age to marry in Florida without parental consent.
• Family relationship — You may not marry individual who is a direct descendant, a sibling, or an aunt/uncle or nephew/niece.
• Prior marriage — You may not be married to two individuals in Florida at once so, if you were previously married, that marriage must have been properly dissolved or annulled.
• Mental capacity — Both parties must be of sufficient mind to make the decision to marry.

Clarify Property Ownership

Many couples who plan to marry have already lived together for some time and likely have combined finances and possessions. However, it is always a good idea to clarify what property and what debts belong to each spouse prior to marriage. For example, if one individual owns a business, he or she may want to keep sole ownership of that business during and after the marriage. Similarly, one individual may have trust payments or other inheritances that they do not want to become marital property. During a marriage, it is easy to commingle property, so planning ahead can help prevent this.

Should You Draft a Premarital Agreement?

There are many reasons why couples should consider a premarital agreement, as we have discussed previously on this blog. Some of the most basic reasons include:

• Either you or your partner have substantial property
• There is a significant wealth discrepancy between you and your partner
• You own a business
• You have children from a previous marriage
• You have a specific estate plan you want to uphold

Solemnization

Finally, you have to ensure you take all of the steps necessary to make sure your marriage is legal. You must apply and obtain a marriage license from an authorized court clerk or judge and must have an officiated marriage ceremony within 60 days days of obtaining the license.

Consult With an Experienced Boca Raton Family Law Attorney Today

If you are planning on getting married and wish to seek advice regarding the many legal and financial implications of marriage or discuss a premarital agreement, please do not hesitate to call the office of Alan R. Burton in Boca Raton for assistance today. Mr. Burton is an experienced lawyer handling a wide variety of family law issues related to marriage, children, and divorce, so please call today at (954) 229-1660 for a free consultation today.

On December 8, 2014, however, Judge Dale Cohen reissued a decision in the refiling of the divorce case that mirrors his August decision to grant the same-sex divorce between wives Heather Brassner and Megan Lade. In his decision, Judge Cohen declared both the constitutional and statutory bans on same-sex marriage and recognition of same-sex marriages in Florida unconstitutional and unenforceable. Brassner is expected to file a request for a Final Judgment of Dissolution as soon as possible and her attorney hopes to have Judge Cohen grant the final divorce prior to the beginning of 2015.

Same-Sex Marriage in 2015

Aside from the Brassner-Lade same-sex divorce case, other developments are taking place that may help same-sex couples receive equal marriage rights in Florida in early 2015. Also last August, a federal judge for the United States District Court for the Northern District of Florida in Tallahassee entered a ruling that struck down Florida’s constitutional ban on same-sex marriage, stating the constitutional amendment was “an obvious pretext for discrimination.” However, the judge also stayed his decision at that time in order to provide the Florida Attorney General Pam Bondi time to appeal the ruling on behalf of the state of Florida.

As the end of the stay order on January 5, 2015 approaches, the 11th United States Circuit Court of Appeals recently released its decision not to extend the stay order past that date. This means that if the Court of Appeals does not reverse the decision before January 5th and the stay is lifted, same-sex couples should be able to legally obtain a marriage license in Florida on January 6th. If the Court of Appeals upholds the lower court decision, the same-sex marriage ban will expectedly be effectively struck down in Florida since the Supreme Court of the United States declined to review Appeals Court decisions regarding this subject earlier this year. Many court clerks throughout the state of Florida have stated their offices are preparing to issue same-sex marriage licenses if the stay is lifted on January 6th.

Contact a Boca Raton Family Law Attorney for Assistance

The legalization of same-sex marriage (and same-sex divorce) in Florida will likely affect a large number of people who may have questions regarding the legal implications of marriage, divorce, custody, and more. If you have any type of question related to family law or if you are facing a family law case, experienced Boca Raton attorney Alan R. Burton can assist you. Please do not hesitate to call our office today at (954) 229-1660 for assistance.

Additionally, several same-sex couples who wish to marry in Florida have brought cases challenging the constitutionality of the gay marriage ban. As we have previously discussed on this blog, two county judges in Florida ruled in favor of the plaintiffs, stating that the ban on same-sex marriage was unconstitutional, serves no important government interest, and is unnecessarily discriminatory against same-sex couples and their families. The Florida Attorney General, Pam Bondi, immediately announced her intentions to appeal these decisions on behalf of the state and its current constitution.

Florida Supreme Court May Hear First Same-sex Case

The couple wishing to divorce, Mariama Monique Changamire Shaw and Keiba Lynn Shaw, requested that their case skip the Court of Appeals and go directly to the Supreme Court for an ultimate decision. After taking a second look at the case, the Court of Appeals voted 10-3 to pass the case through the appellate level and instead requested that the Florida Supreme Court decide the issue. Skipping the Court of Appeals will significantly speed up the process, possibly by years.

The majority explained that the case should be rushed as it is a matter of “public importance” and a swift resolution is vital to the “proper administration of justice.” Specifically, the majority stated that with the increasing number of states allowing valid same-sex marriages, more and more people may seek out divorces in Florida if they have moved there.

One dissenting appeals judge stated that this case is not about whether gay marriage should be legal in Florida, but is instead about whether the amendment denies same-sex couples their right of access to the courts, which is a constitutional right. He stated that since there were fewer same-sex couples seeking divorce in Florida than seeking to get married, this case was not one of “public importance” and should not be rushed to the top of the state justice system. The majority stated the dissenters underestimated the effects a delay in deciding the case may have.

Advocacy groups hope that the Supreme Court will not only agree to hear this case, but will also expedite other same-sex marriage cases to the highest state court and decide the many cases together. We will keep you updated on any new developments by the Supreme Court on this important family law issue.

If you have any type of family law matter, please do not hesitate to contact the office of Alan R. Burton for legal assistance today.

Both Judge Garcia and Judge Zabel ordered the Clerk of Courts in their respective counties to grant marriage licenses for same-sex couples. Both judges reasoned that the marriage ban violated the Equal Protection clause of the United States Constitution. Specifically, Judge Zabel stated the following:

• The ban serves no important governmental interest;
• The ban treats same-sex like second-class citizens;
• The law as it stands prohibits certain citizens from participating in a fundamental societal institution–marriage; and
• The ban only hurts same-sex couples and their families, discriminates against them, and deprives them of equal dignity.

In addition, Judge Zabel compared this issue to the issue of interracial marriage, which reached the Supreme Court of the United States (SCOTUS) back in 1967. At that time, SCOTUS outlawed any bans on interracial marriage based on equal protection, and Judge Zabel does not see same-sex marriage bans as any different and stated the ban violates the “principle of equality at the heart of the Fourteenth Amendment” as well as failing to provide all citizens with due process of the laws.

Challenges Still Ahead

While those in favor of marriage equality were cheering about these decisions, the rulings were only the first step in having the Florida constitutional ban on same-sex marriage overturned. The Attorney General of Florida, Pam Bondi, has made it clear that she will work to fight against marriage equality and will defend the state constitutional amendment defining marriage as between a man and a woman. She has already filed notice with the courts of her intention to appeal Judge Garcia’s ruling, which triggers a stay that prevents clerks from issuing same-sex marriage licenses in Monroe County. Bondi is expected to file notice in Miami-Dade County, as well.

Laws Are Ever-Changing

Family laws in the state of Florida can be challenged and potentially changed at any time. Because these challenges may arise in other counties or parts of the state, lawyers may not be readily aware of the changes and how they may apply to their cases. Boca Raton attorney Alan Burton knows how important it is to stay apprised of all changes and updates in the law that affect any type of family-related matter, such as marriage, divorce, child custody, and more. Mr. Burton will make sure that you receive the best outcome possible under the law in your particular case. If you have any concerns regarding any type of family law matter, please do not hesitate to contact our office for assistance today.

Florida resident Chris Sevier filed a motion in one same-sex marriage lawsuit, attempting to intervene as another type of sexual minority. Sevier did not want to marry another man–instead he requested to marry his Apple laptop computer.

Sevier’s motion states that he fell in love with the laptop after watching copious amounts of pornography on the machine. He claimed that since he prefers to have sex with his computer over anything–or anyone–else, he should be able to marry the computer. His attempt to secure a marriage license failed, however, and he filed the motion.

The motion argued that gay couples were considered a sexual minority, and that he is just another example of a sexual minority. Sevier argued that if homosexuals would be allowed to marry their chosen objects of desire, he should be able to marry his chosen object of desire, as well. Since Sevier openly opposes gay marriage, he is obviously trying to send a message to the courts by trying to foreshadow arguments that may arise should the constitutional amendment get overturned. It seems he is trying to warn the courts that if they allow gay marriage, Florida residents may try to marry anything–including inanimate objects or animals. Sevier mentions cases from foreign countries in which a man married a cardboard cutout and a woman allegedly married a dolphin.

Sevier was an attorney whose law license was taken away due to mental disability. He is attempting to intervene in a similar lawsuit in Utah, and has filed other bizarre lawsuits in the past. For example, he attempted to sue Apple for selling him the laptop without warning him about the evil nature of pornography he could watch on the computer. United States District Judge Robert Hinkle stated that whether this marriage motion was satirical or simply because Sevier is unhinged, the motion has “no place in this lawsuit.” Judge Hinkle therefore denied Sevier’s motion.

As the same-sex marriage debate continues in Florida, this is likely only the first of many attempts by opponents to make a statement against the cause.

Contact Family Lawyer Alan R. Burton Today

Though the request to marry his computer was likely simply to prove a point and did not stem from an actual desire to do so, the above case shows the wide array of family law cases that may come before the courts. No matter what kind of unique family law matter you may have, experienced attorney Alan R. Burton can provide assistance. We have offices conveniently located in both Boca Raton and Fort Lauderdale, so call today at (954) 229-1660 to schedule your free consultation.