Fourth Florida Judge in 19 Days Declares State’s Marriage Ban Unconstitutional
FOR IMMEDIATE RELEASE – August 5, 2014
CONTACT: ACLU of Florida Media Office, media@aclufl.org, (786) 363-2737
MIAMI, FL – Today, Palm Beach County Circuit Court Judge Diana Lewis issued a ruling declaring unconstitutional the state of Florida’s constitutional and statutory bans on the recognition of marriages of same-sex couples as applied to the facts of the specific case before her. The decision is the result of a petition for administration brought by a man whose deceased husband left the man property in Palm Beach County and wished to name him as personal representative of the estate, which Florida law did not permit because it did not recognize the two as married. The decision comes just days following rulings from state-court judges in Monroe, Miami-Dade, and Broward Counties striking down the marriage bans in broader terms. The judge did not stay her decision but rather granted the man’s request to act as personal representative of his deceased husband’s estate. She noted in her order that Attorney General Bondi was given notice of the challenge but that Bondi did not file any objection to the petition and did not attend the hearing.
Responding to today’s ruling, ACLU of Florida LGBT rights staff attorney Daniel Tilley stated:
“The wave of decisions not only across the country but now in Florida is breathtaking. Courts across Florida are continuing to recognize that there is no basis to deny lesbian and gay couples the protections of marriage that heterosexual couples depend on. We look forward to the day when the marriages of all of Florida’s loving couples are recognized.
The judge’s ruling is available here: http://aclufl.org/resources/estate-of-bangor-order/
The constitutionality of Florida’s refusal to recognize the marriages of same-sex couples that were entered into out of state is also at the center of a challenge brought by the ACLU of Florida on behalf of eight couples, a Ft. Myers widow, and SAVE, South Florida’s largest LGBT rights organization. That case, which names Florida Governor Rick Scott and Attorney General Pam Bondi along with other state officials as defendants, is currently before the U.S. District Court for the Northern District of Florida, and a decision is expected soon. More information on that case is available here: www.aclufl.org/marriageequality
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About the ACLU of Florida The ACLU of Florida is freedom's watchdog, working daily in the courts, legislature and throughout Florida to defend individual rights and personal freedoms guaranteed by the United States and Florida Constitutions and the Bill of Rights. For additional information, visit our web site at: www.aclufl.org
