The Gay Divorcee: Marriage Equality in Florida and the Nation

In 2013, the U.S. Supreme Court made an important decision about same-sex marriage in the case United States v. Windsor. This decision marked a new era for marriage equality. The issue of same-sex marriage is still being debated, but it will likely be resolved soon when the Court decides if state laws banning same-sex marriage are constitutional. This article also looks at the current status of same-sex marriage in the U.S. and specifically in Florida. It’s important to consider the international context of this issue because many people from other countries live in Florida and may have been legally married elsewhere. This can impact how their marriages are recognized in the U.S. and in other countries. Same-sex marriage is legal in Canada, Argentina, Uruguay, Brazil, some parts of Mexico, and several European countries. In the rest of the world, same-sex couples do not have the right to marry, except in South Africa and New Zealand. In Australia, a same-sex marriage bill failed, but there are some protections for same-sex couples. In 2012, the Second Circuit Court of Appeals decided the Windsor v. United States case. The case involved a widow who was denied a spousal tax deduction because she had married a woman in Canada, and the federal Defense of Marriage Act said that marriage was only between a man and a woman. The court ruled that this was unfair and violated the Constitution’s Equal Protection Clause. In the Windsor case, the Supreme Court ruled that a law denying federal marriage benefits to same-sex couples was unconstitutional. This decision led to a lot of new court cases across the country challenging state laws banning same-sex marriage. The Court’s decision opened the door for marriage equality in many states. As of mid-January 2015, there were 88 pending lawsuits for marriage equality in the U.S. Most of the cases were in federal courts, with some in state courts. The majority of the cases that had been decided were in favor of marriage equality. In the northeast U.S., there were no challenges to same-sex marriage laws. The Fourth Circuit Court of Appeals in the Eastern Mid-Atlantic Coast ruled that Virginia’s ban on same-sex marriage was unconstitutional, allowing same-sex couples to marry in all the states in that circuit. The South: The Fifth Circuit Court of Appeals covers the southern states, but was split in 1981. It has not ruled on same-sex marriage, but cases from Louisiana, Texas, and Mississippi are pending.

The Mid-West: The Sixth Circuit upheld state DOMA laws, so same-sex couples cannot marry in Michigan, Ohio, Kentucky, or Tennessee. The Seventh Circuit allows same-sex couples to marry in Illinois, Indiana, and Wisconsin. The Eighth Circuit has not ruled on marriage equality, so it’s a mix of states where same-sex couples can and cannot marry.

The Far West: The Ninth Circuit covers the Far West, where same-sex couples can marry in Alaska, Hawaii, California, Oregon, Washington, Idaho, Montana, Nevada, and Arizona. The 10th Circuit has legalized same-sex marriage in states like Wyoming, Utah, Colorado, New Mexico, Kansas, and Oklahoma. In the 11th Circuit, which includes Alabama, Georgia, and Florida, same-sex marriage is still a hot topic. Florida’s laws banning same-sex marriage have been challenged in court, but no final decision has been made yet. Despite this, same-sex couples are still getting married in Florida. In 2014, a federal court in Florida said that the state must recognize same-sex marriages from other states and allow same-sex couples in Florida to get married. The state government appealed this decision to the 11th Circuit Court of Appeals, but the court refused to extend the stay on the decision. The appeal is now on hold, and the 11th Circuit is waiting for the U.S. Supreme Court to make a ruling on the issue in June 2015. Georgia doesn’t have any similar cases pending. In Alabama, the laws about same-sex marriage were initially declared unconstitutional by a federal court, but the state’s Supreme Court later said they were constitutional and ordered probate judges not to issue marriage licenses to same-sex couples. In Florida, there were test cases and practical cases about same-sex marriage, with some plaintiffs suing the state and others suing individuals for things like divorce or probate issues. There are three main cases in Florida about same-sex marriage. In two of them, the people suing won and the court said Florida’s ban on same-sex marriage is unconstitutional. The attorney general is appealing these cases. In another case, the court ruled in favor of recognizing out-of-state same-sex marriages in probate cases. The attorney general is also appealing this ruling. Another case is about a student who was denied in-state tuition because of his same-sex marriage, and that case is also being appealed. There are some cases in Florida about same-sex couples getting divorced. One case tried to say that the state law banning same-sex marriage didn’t apply to divorces, but the court disagreed. Another case is being appealed, and the Florida Supreme Court has been asked to review it. The U.S. Supreme Court has already refused to hear some cases about same-sex marriage, and will make a decision about another case in June. The Supreme Court seems unlikely to stop marriage equality, especially since many states already allow same-sex marriage. If same-sex marriage becomes legal in Florida, there may be new questions about parentage and living together. In Florida, parental rights are not just based on biology. If a child is born during a marriage, both spouses are considered legal parents, even if they are not the biological parents. This applies to both opposite-sex and same-sex marriages. Cohabitation agreements may also affect legal rights if the couple later gets married. There is no clear answer on how these agreements will be treated, but they may still be enforced if the couple intended to get married but were prevented from doing so. Same-sex couples now have the right to get married in many places around the world, but there are still legal issues to work out. For example, if a couple moves to a new state, the laws about their marriage might change. It’s also important for couples to consider making a prenuptial agreement before getting married, to protect themselves in case of a divorce. There are still many details to figure out as same-sex marriage becomes more accepted around the world. There are a lot of court cases about whether same-sex couples can get married. Some courts have said that they should be allowed to marry, while others have said they can’t. It’s still being decided. This is a list of legal cases and resources related to family law. It includes information about organizations like the ACLU and Lambda Legal, as well as references to specific court cases and legal rules. The section at the end includes information about two lawyers who specialize in family law.

Source: https://www.floridabar.org/the-florida-bar-journal/the-gay-divorcee-marriage-equality-in-florida-and-the-nation/