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Same Sex Divorce Action Dismissed by Florida Judge

A judge in Hillsborough County, Florida has refused to enter a divorce decree for a couple because the State constitution and its statutes do not recognize same-sex marriages. The same-sex couple was legally married in Massachusetts but now reside in Florida. The dismissal of the case has now been appealed to the Second District Court of Appeal. The Florida Bar’s Family Law Section plans to file an amicus curiae (friend of the court) brief because, as Florida Bar President Gregory Coleman said, “same sex couples validly married in other states but living in Florida do not have access to our courts for divorce or for the orderly resolution of their legal rights and obligations.” According to the Bar’s press release, the brief will rely on the equal protection clauses of both the Florida and United States Constitutions and U.S. Supreme Court case law.

Posted July 29, 2014