Categorized | Sunshine State

Broward County Judge Sides with Same-Sex Marriage

Posted on 05 August 2014

MIAMI—Make that three judges that have now overturned Florida’s ban on same-sex marriages. The ruling by Broward County Circuit Judge Dale Cohen emulates decisions made last month by judges in Monroe and Miami-Dade counties. In each case, the judges found that a 2008 voter-approved constitutional amendment banning gay marriage in the state violates gay residents’ right to equal protection under the law

“The tides are turning on the issue of same-sex marriage throughout this country,” Cohen wrote. “To discriminate based on sexual orientation, to deny families equality, to stigmatize children and spouses, to hold some couples less worthy of legal benefits than others based on their sexual orientation, to deny individuals tax credits, marital property rights, the ability to dissolve their unions from other jurisdictions is against all that this country holds dear, as it denies equal citizenship. Marriage is a well-recognized fundamental right, all people should be entitled to enjoy its benefits.”

At press time, Republican State Attorney General Pam Bondi is expected to file a notice of appeal, just as she has in the cases in Monroe and Miami-Dade cases.

No marriage licenses will be issued for gay couples in any of the three counties, pending appeals.

Unlike the other two cases brought in Monroe and Miami-Dade counties where same-sex couples were seeking to be marriage, the case in Broward county involves a divorce. Heather Brassner, who wants to dissolve a civil union with an estranged partner in Vermont in 2002, petitioned for divorce in Broward County. Because Florida does not recognize same-sex marriages or civil unions, Cohen was unable to do so.

Gay-marriage opponents have said the rulings overturning the same-sex marriage ban would disenfranchise nearly 5 million voters in the state — the 62 percent who approved it. Repealing the amendment would require at least 60 percent support.

Republican Gov. Rick Scott has said he supports the gay-marriage ban amendment but opposes discrimination. His top Democratic challenger, former Gov. Charlie Crist, supports efforts to overturn the ban.

 

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