TAMPA — A lesbian couple in Tampa has been given the chance to divorce by the 2nd District Court of Appeal, a full year after being told by a judge that such a move wasn’t possible.
Florida Attorney General Pam Bondi had asked the appellate court to wait until the U.S. Supreme Court rules on same-sex marriage, which is expected sometime this month, before making a ruling. Fortunately for the couple, Keiba Lynn Shaw and Mariama Changamire Shaw, the District Court thought it unnecessary to wait.
“For the reasons expressed in this court’s recent opinion in Brandon-Thomas v. Brandon-Thomas … we reverse and remand for further proceedings,” the order stated.
The Brandon-Thomases referred to another lesbian couple who were given the opportunity to divorce in Florida last April thanks to a ruling by the same court. In that case, one of the pair, Krista Brandon-Thomas, is contesting the divorce.
In congratulating the Tampa couple, the activist group Equality Florida said: “Today, the 2nd District Court of Appeal joined the tidal wave of courts across the country who have affirmed the rights of same-sex couples to be treated equally under the law.” Hannah Willard, the group’s Central Florida field organizer, added, “As we await a ruling from the U.S. Supreme Court, we know this is one more message to the nine Justices that it is time to put an end to discrimination when it comes to marriage.”
According to the Orlando Sentinel, the Shaws, who were married in Massachusetts, agreed to their divorce and settled all issues through a process known as collaborative divorce, asking the courts only to issue a legal declaration dissolving their marriage.
But last year, Circuit Judge Laurel M. Lee refused, citing provisions in state law and the state Constitution banning the recognition of same-sex marriages. Lee ruled she couldn’t dissolve a marriage that doesn’t legally exist in this state.
“This is a good day for equality,” attorney Adam Cordover, who represents Keiba Shaw, told the Orlando Sentinel after Friday’s ruling was announced. “Many people focus on marriage equality, but divorce equality is just as important. Now my client can move on with her life.”
Cordover said the divorce should be finalized as soon as a judge signs the paperwork.