Palm Beach County judge declares gay marriage ban unconstitutional

PALM BEACH–Mirroring recent rulings from judges in three South Florida counties, a Palm Beach County Circuit judge Diana Lewis declared that Florida’s ban on same-sex marriage is unconstitutional. As opposed to the other cases involving the ability to marry or divorce, Judge Lewis’ case was brought about because of a death.

When Florida property owner Frank Bangor married W. Jason Simpson in Delaware, he was not thinking about his death. Now spouse Simpson certainly is. Under Florida law, a spouse is recognized as a personal representative of an estate provided the out-of-state marriage is recognized as valid under state law. Simpson, through attorney Andrew Fein, petitioned Lewis to be recognized as Bangor’s personal representative despite a ban on gay marriage in Florida.