In that case, Danielle Brandon-Thomas was trying to get a divorce from a marriage granted in Massachusetts and her wife Krista was trying to block the divorce. Though Krista wanted to stop the divorce for child custody reasons, she used the argument that because Florida law did not recognize gay marriage, it should not dissolve a gay marriage either. Attorney General Pam Bondi stepped in and argued for Krista, and the trial court denied the divorce request.

Now, however, the state appellate court has issued its decision that overturns the trial court decision for several reasons. Some of the reasons are as follows:

• Married couples in Florida–same-sex or not–deserve equal access to the courts to dissolve their marriages as opposite-sex couples.
• The spouses had many different complicated issues regarding intertwined financial affairs and custody questions regarding their daughter that needed to be settled for the best interest of the child.
• The court found that there was no legitimate reason offered for Florida to refuse to give full faith and credit to a marriage validly entered into in another state by Bondi or Krista Brandon-Thomas.

Though Danielle Brandon-Thomas was thrilled with the appellate decision allowing her to get divorced, the couple must now face all of the many issues that any other divorcing couple must face, including custody, visitation, parenting plans, child support, spousal support, division of assets, and more. They will face all of the same legal questions and procedures that any other couple may face when they seek a divorce in Florida.

Though the couple’s divorce is far from settled, the case does represent overcoming the major hurdle to same-sex divorce in the state of Florida for couples married within or outside the state. With the increasing amount of same-sex couples seeking marriage licenses in Florida, it only makes sense that more couples may have to seek divorce in the coming years, so it is a positive step that the issue of same-sex divorce has been somewhat clarified.

Experienced Boca Raton Family Law Attorney Alan R. Burton Can Help With Your Case

Whether you are part of a same-sex or opposite sex couple, it is highly important that you have the assistance of a skilled and committed Florida family law attorney if you are considering divorce. Divorce cases have many important issues that need to be settled and you should always have a lawyer who is familiar with the ever-changing laws in Florida guiding you through the process. Please do not hesitate to call the law office of divorce lawyer Alan R. Burton to find out how we can help you today.

Several Courts of Appeals had ruled in favor of marriage equality, striking down any same-sex marriage bans on the basis that such bans violate the constitutional rights of gay couples. Specifically, courts reasoned that bans violated the rights of homosexual couples wishing to marry to equal protection of the laws. Many of the states within these judicial districts had appealed the decision to allow gay marriage, asking SCOTUS to review the rulings.

Though SCOTUS has refused to hear gay marriage cases at this point, this may change in the future if a Court of Appeals decides to uphold a state’s same-sex marriage ban. In that case, the high Court will likely have to sort out the conflicting decisions.

The Quick Expansion of Same-sex Marriage Rights

When SCOTUS declined to review the Courts of Appeals rulings, the justices opened the door for same-sex marriage to be quickly legalized in numerous states. The effect of the decision was noticed almost immediately, as same-sex couples gained the right to legally marry in several more states over the next 48 hours. Courts in Virginia reportedly started issuing marriage licenses to same-sex couple only hours after SCOTUS announced its decision. In addition to this immediate effect, many states have had court rulings in favor of same-sex marriage and though additional action is required, the path is open for marriage equality to take effect in the near future.

At this time, same sex marriage is fully legal in the following states: California, Colorado, Connecticut, Delaware, Hawaii, Iowa, Illinois, Indiana, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Virginia, Vermont, Washington, Wisconsin, and Washington, D.C. Several other states are expected to see their bans invalidated in the next few days. Additionally, the other federal court circuits who have not yet issued decisions are expected to rule on the issue in the coming months.

What does this mean for Florida?

In Florida, the constitutional ban on same-sex marriage currently remains in place for the time being. Several judges in lower courts have ruled in favor of marriage equality. These cases are now pending review by the appellate courts, which can either uphold or reverse the decision. The United States Court of Appeals for the Eleventh Circuit is also expected to review a decision on gay marriage and any pro-marriage equality ruling in that court would affect the state of Florida, as well.

Though same-sex couples do not yet have the right to marry nationwide, it seems to be only a matter of time following the SCOTUS decision. If you have any questions regarding marriage or divorce of any kind, please call the Boca Raton family law office of Alan R. Burton for help today.

Several lawsuits have been filed across the state, challenging Florida’s gay marriage ban, both in an attempt to marry and to get a divorce. A hearing was held on July 2, 2014 in one of the most recent cases to be heard, Pareto v. Ruvin

Specifics of the Case

Pareto v. Ruvin is a lawsuit filed by the Equality Florida Institute and the National Center for Lesbian Rights on behalf of six same-sex couples residing in Florida. The plaintiffs filed a motion requesting the court to rule that the same-sex marriage ban violates citizens’ rights to equal protection under the laws, and is therefore unconstitutional. Judge Sarah Zabel heard oral arguments from both sides at the July 2 hearing.

The defense argued that Floridians voted by 62 percent to amend the constitution, and that vote should be respected. The attorney for the plaintiffs countered by stating the vote is simply using a majority for oppression of a minority. He also pointed out that there are thousands of state laws from which same-sex couples may never benefit if their marriages are not recognized in the state. Such laws involve inheritances, health care, taxes, and much more. The plaintiffs’ side also stated that this case is not about gay marriage, but instead about equality for all people.

The trend across the United States has been in favor of same-sex marriage. To date, 19 states and the District of Columbia recognize marriage for all couples. Additionally, lower courts in the following states have ruled a gay marriage ban unconstitutional and are in the appeals process: Arkansas, Idaho, Indiana, Kentucky, Michigan, Nevada, Ohio, Oklahoma, Tennessee, Texas, Utah, Wisconsin, and Virginia.

Depending on Judge Zabel’s ruling, Florida could be the next state to join the trend toward marriage equality. The ruling is not expected for weeks or months, and even if Judge Zabel rules in favor of the plaintiffs, the decision will still have to get through the Third District Court of Appeals, the Florida Supreme Court, and even possibly the Supreme Court of the United States.

A Boca Raton Family Lawyer Can Help

If Florida courts do, in fact, overturn the ban on same-sex marriage, the decision will affect the application of countless laws in the state. Same-sex couples will likely have many questions and require assistance regarding issues such as marriage, children, benefits, and divorce. Experienced Boca Raton family law attorney Alan Burton stays aware of all changes in the law and can help anyone facing family issues. Whether you have a case or simply a question, do not hesitate to contact our office today.

Florida, however, has a constitutional provision that only recognizes marriage as between a man and a woman. Because the state does not recognize that a same-sex marriage exists, the court decided there was no marriage to dissolve and therefore refused to grant them a divorce. They would be unable to file for divorce in Massachusetts unless one of them moved back there for at least one year, an option the couple states is impossible because of professional obligations.

The couple is appealing the decision and the Florida Supreme Court will examine the issue, as well as the validity of the constitutional amendment banning gay marriage.

Arguments in the Case

Pam Bondi is the Attorney General for the state of Florida and is defending the state’s constitutional ban on same-sex marriage in the case. Bondi has argued that recognizing same-sex marriages from other states would be disruptive and that it would “impose significant public harm.” Specifically, Bondi has indicated that same-sex couples do not provide the same stability or enduring family units. Ironically, Bondi herself has been divorced two times and is currently on her third marriage.

LGBT rights groups such as the American Civil Liberties Union (ACLU) and Safeguarding American Values for Everyone (SAVE) have criticized Bondi for her illogical and false arguments regarding the link between same-sex marriage and unstable households for children. SAVE called her reasoning nothing but “discriminatory rhetoric” and not a valid legal argument. Instead, the couple’s attorney and rights activists have pointed out that many same-sex couples raise biological children of at least one of the spouses, so procreation is not a persuasive reason to prohibit same-sex marriage.

Bondi also argues that recognizing same-sex marriages from other states would cause problems for the state’s pension and health insurance programs. However, human rights groups counter that the harm to same-sex couples who are denied such benefits far outweighs the inconvenience to the state of adapting its systems.

Courts in numerous states are questioning existing bans and limits on same-sex marriage in recent months. Federal judges in Ohio and Kentucky recently ordered that out-of-state same-sex marriages should be recognized within the states, and a federal appeals court will be ruling on a number of gay marriage cases.

As the decisions involving same-sex marriage keep coming both in Florida and across the United States, the scope of family laws will likely change significantly, bringing numerous issues related to same-sex marriage into the courts.

Alan Burton is an experienced family law attorney who stays up to date on all changes in the law and knows how to handle a wide variety of family-related cases. If you have any type of family law concern, contact our office for help today.

There are now 17 states in this country which authorize same sex marriages.

Oregon has most recently overturned the previously existing ban on same sex marriages. Arkansas is one state struggling with this issue. A circuit Judge in Pulaski County, Arkansas recently over turned the ban on same sex marriages in Arkansas, and he was promptly overruled by the state Supreme Court. There is an ongoing battle in that state to put an end to the ban against same sex marriages.

What does all this mean to South Florida residents? Currently residents of Florida are not impacted by the other state rulings, however, the current trend across the nation is clearly for the constitutionally protected right of same sex individuals to marry.

These changes that will be coming will most certainly create a whole new body of interesting case law for South Florida Divorce Attorneys.

If you are dealing with difficult family law issues or any other custody or visitation issue, experienced Florida family law attorney Alan R. Burton will help you stand up for your rights. He has over 30 years of experience and will fight for what is important to you. Do not hesitate to contact our offices in Boca Raton or Ft. Lauderdale for help today.