Well, maybe. The Broward Judge who was assigned to a lesbian woman's lawsuit in her fight to receive a divorce, declared the Florida gay marriage ban unconstitutional. Judge Cohen ruled that in order to consider the divorce, he first had to evaluate whether the ban on same sex marriage was constitutional. Although this a giant success in the fight against the 2008 same sex marriage ban, his ruling was immediately stayed pending a possible appeal by Florida Attorney General, Pam Bondi. However, Judge Cohen's words were poignant -
"This Court believes that the issue here is not whether there is a right to same sex marriage but instead whether there is a right to marriage from which same sex couples can be excluded. The State of Florida cannot ignore the status and dignity afforded to opposite sex couples, who were married out of state, and not extend those same rights, dignities, and benefits to same sex couples similarly situated."
In contract to the benefits of marriage, the protections that come with separation and divorce, such as child custody and property issues, must also be afforded to same sex couples. As a family mediator, I am proud to be a resident of South Florida, where our legal system is attempting to fight this horrible, discriminatory ban on same sex couples. Let's just hope that Attorney Pam Bondi focuses her efforts on enforcing Florida's legal issues elsewhere.
(source Miami Herald by Steve Rothaus, August 5, 2014)
FRIDAY-ISM
027: "We are our own worst enemy, and yet our greatest motivator." -
Random quote I overheard at L.A. Fitness but insightful nonetheless.
A lesbian woman in Broward County just wants a divorce! But she can't get it. Why? Because the State of Florida does not recognize gay marriage or a civil union within its own state or those entered into out of state. It's highly possible that the Circuit Court judge on this case may become the third Florida judge to declare the ban on gay marriage unconstitutional. The woman can not receive a divorce in Vermont where she entered into the civil union because both spouses need to sign the dissolution papers and her soon to be ex-spouse is unreachable. The Broward judge has stated that he can not grant a divorce until he addresses the constitutionality of the same sex marriage ban. The attorney representing the woman expects that the judge will recognize the out of state civil union, by declaring the ban on gay marriage unconstitutional.
With all the horrific events occurring in the world, why does gay marriage continue to make headlines? Well, in Florida one main hurdle remains to be Florida Attorney General Pam Bondi. She continues to fight against the right to marry lawsuits because in 2008 approximately 62% of Florida voters supported the ban. At least other states are beginning to see the nonsense with the ban. North Carolina, for example, declared it would no longer contest right to marry lawsuits that seek to overturn the ban of gay marriage. Additionally, a federal court in Virginia upheld a lower court's ruling that the ban was unconstitutional.
These may be small victories in a big fight, but at least they are setting precedent around the country. Let's stop wasting our time, money and energy fighting against those who just want love (or divorce), and focus our attention on much more globally, crucial topics.
(source Miami Herald, Local & State, by Steve Rothaus July 31, 2014)
Yes, I know that this topic is counterproductive to my business. However, despite all the divorce and separation that I handle, I still support love and happiness all the way! With that being said, same sex couples were almost handed a win in the fight for gay marriage last Thursday in Key West, Florida. A gay couple filed a lawsuit against the Monroe County Clerk when they were denied a marriage license earlier this year. Believe it or not, Chief Circuit Judge Luis Garcia ruled that the Florida Constitutional Amendment banning same sex marriage violates the United States Constitution, which promises U.S. citizens protection over "the rights of the individual, the rights of the unpopular and rights of the powerless, even at the cost of offending the majority." However, Attorney General Pam Bondi immediately appealed the ruling to the Third District Court of Appeal, which triggered an automatic stay on Judge Garcia's ruling. What does that mean?? It means that gay couples can not proceed with obtaining marriage licenses in Key West until either the stay is lifted by Judge Garcia or the district court. Once again, it becomes a waiting game for this couple and thousands more. But at least it is a HUGE step in the right direction!
The lack of same sex marriage laws similarly affects the couples' ability to divorce. Gay couples who have married in another state that allows gay marriage still can not receive a divorce in Florida. A lesbian couple in Hillsborough County is suing to divorce and the court would not grant it because Florida does not recognize the marriage. The couple could still attend a family mediation and create a divorce settlement agreement so they can move on with their lives. Although the agreement would not be enforceable through the court system, it could still act as a contract between the parties.
(Source- Miami Herald, Same-Sex Rights, by Steve Rothaus and Cammy Clark, July 19, 2014; picture source www.photobucket.com)
FRIDAY-ISM 026: My EX will NOT determine how I feel today...I WILL!! - Wise words from an old friend. Now go enjoy the weekend.
www.familyfocusedmediation.com
I attended an unbelievably, beautiful wedding this past weekend in New York City. And although I'm typically posting about the end of a marriage, I felt compelled to remind us that love can still exist in the wake of a divorce. It's important to remember that love did once blossom in your life and it can bloom again in the future. This wedding's venue was positioned so the Freedom Tower was directly in the background. I don't know about you, but I always look for symbolism in the environment around me. During the ceremony, I couldn't help but be consciously aware that life, love and hope are intertwined and lay the foundation of what's ahead for us all.
