On August 21, 2014, U.S. District Judge Robert L. Hinkle of Tallahassee ruled that Florida’s gay-marriage ban is, in fact, unconstitutional. This is the first decision rendered by a court of this State that actually has a statewide impact. This Federal Judge ordered the State of Florida to allow same sex couple to marry and to recognize legal same sex marriages performed out of state. The Florida Attorney General’s office has until September 22, 2014 to decide whether to bring this matter before the U.S. 11th Circuit Court of Appeals in Atlanta, GA. However, in the interim, Judge Hinkle did stay the effects of most of his ruling, pending appeal.
One of the many “hot-button” issues centers around the stance that same-sex couples cannot biologically procreate and therefore, the ban on same-sex marriage should continue. However, Judge Hinkle wrote, “many opposite-sex couples do not wish to procreate” and “many opposite-sex couples” cannot procreate. There are a number of religious and cultural groups who believe that this is more of a moral position than the protection of an individual’s constitutional right. Judge Hinkle stated “The undeniable truth is that the Florida bank on same-sex marriage stems entirely, or almost entirely, from moral disapproval of the practice.” Further, “Those who enter opposite-sex marriage are harmed not at all when others, including these plaintiffs, are given the liberty to choose their own life partners and are shown the respect that comes with formal marriage.Tolerating views with which one disagrees is a hallmark of civilized society.” (emphasis added).
Since July, 2014, there have been five rulings in Florida, declaring the state’s gay-marriage ban unconstitutional, including this first Federal ruling. The previous 4 rulings were from local state courts. As this issue is at the forefront of the Florida legal landscape, updates to this Blog shall be made, as this case continues in the Court of Appeals, and as there is additional law rendered on the issue of same-sex marriage.
The hiring of competent legal counsel is essential to ensure that as the laws change, you are represented by attorneys who continue to stay on top of the changes and the effects these changes may have on the issues particular to your case. The expert family law attorneys at Sidweber and Weintraub, P.A. are specialists in dealing with family law issues, and they can advise you as to the manner the Courts may rule in your case.
For more information on issues pertaining to Florida family law, divorce, property distribution, modification, prenuptial agreements, child support, timesharing/custody and alimony cases, please call a Board Certified Attorney at Sidweber and Weintraub, P.A., for a consultation.