Debate About Divorce Surrounds Florida Same-Sex Marriage Ban

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2 As a result, most same-sex partners looking for a divorce may do so in the State of Florida without always pursuing a constitutional challenge. 3 Section 741. 212 of the Florida Statutes, as previously kept in mind, avoided recognition of out-of-state same-sex marital relationships and had actually formerly acted as a roadblock to same-sex divorces across the state.

5 That is, Florida is normally needed to appreciate the laws and actions of other states and area 741. 212 can not be utilized to trump the laws of states where same-sex marriages are legal without a legitimate public policy purpose. The Second District Court of Appeal found no such purpose to exist in avoiding same-sex divorce.

The Court of Appeal did not strike down section 741. 212 in its viewpoint, but rather prevented its application to out-of-state legal same-sex marriages. 7 Though such is likely not an immediate concern for the majority of, thinking about that same-sex marriages have not happened in Florida before this year, it leaves a concern that calls for further discussion at a later time.

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The approaching choice by the United States Supreme Court in Obergefell v. Hodges and any future viewpoints provided by other Florida Courts of Appeal might change the situation (precisely how is a topic for another post), so those Floridians wanting to dissolve their same-sex marriage would succeed to consult a knowledgeable household law lawyer faster instead of later on.

The United States Supreme Court determines the consolidated same-sex marital relationship cases of Obergefell v. Hodges, Tanco v. Haslam, De, Boer v. Snyder, and Bourke v. Beshear as Obergefell v. Hodges. 2. The case is Brandon-Thomas v. Brandon-Thomas, 2D14-761, 2015 WL 1874457 (Fla. 2d DCA 2015). 3. Note that this decision is not yet technically final and undergoes modification or withdrawal at the moment.

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4. See 741. 212, Fla. Stat. (2014). 5. See Brandon-Thomas v. Learn More Here -Thomas, 2D14-761, 2015 WL 1874457 (Fla. 2d DCA 2015). 6. See id. 7. Floridians still wait for word from the United States Supreme Court or another Florida appellate court for a choice which completely revokes area 741. 212 or agreeably binds courts to amuse same-sex divorce petitions for in-state marriages.