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Florida Couples and Equality Florida Ask State Court to Rule Ban on Gay Marriages Unconstitutional

Posted on 07 May 2014

Miami, FL – At the end of last week, the plaintiffs challenging the State of Florida’s refusal to permit same-sex couples to marry asked a state court to rule that the state’s ban on marriage equality is unconstitutional. In the motion, the six couples and Equality Florida Institute argue that Florida’s ban on marriage equality violates the Equal Protection and Due Process Clauses of the United States Constitution, according to a statement made by Equality Florida.

The couples are from Miami and the surrounding area, with four of the couples raising children, and another couple with an adult child and two grandchildren. The couples areas follows: Catherina Pareto and Karla Arguello; Dr. Juan Carlos Rodriguez and David Price; Vanessa and Melanie Alenier; Todd and Jeff Delmay; Summer Greene and Pamela Faerber; and Don Price Johnston and Jorge Isaias Diaz. They are represented by the law firm Carlton Fields Jorden Burt, Elizabeth F. Schwartz, Mary B. Meeks, and the National Center for Lesbian Rights (NCLR).

“The couples’ motion filed today asserts that Florida’s marriage ban cannot stand in light of the Supreme Court’s ruling last June that the federal ‘Defense of Marriage Act’ violates the federal constitutional guarantees of equal protection and due process,” the statement reads. “The couples’ papers note that every court to consider these federal constitutional claims since last summer’s Supreme Court decision has ruled in favor of the freedom to marry for same-sex couples. This includes federal courts in Utah, Ohio, Oklahoma, Kentucky, Illinois, Michigan, Tennessee, Texas, and Virginia.”

Dr. Rodriguez and his partner David Price, are particularly worried about their future here in Florida, a place they call home.

“Florida is our home and it scares us that in times of crisis we won’t have the security that other couples enjoy because the state does not allow us to share in the responsibilities and protections of marriage,” said Dr. Rodriguez. “I look forward to the day we will be able to marry before our family and friends in the state we call home.”

Executive director for Equality Florida, Nadine Smith, released a statement in which she expressed concern for same-sex parent helmed families and their right to be treated equally.

“The law should treat all families fairly. Florida’s marriage ban makes it harder for same-sex couples to take care of one another and protect their children,” said Smith in a statement. “We are confident when we have our day in court Florida will stand with other courts across the country in concluding these laws violate the basic principles of fairness and equality for all.”

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