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Combs Greene

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Our lawyers are smart, aggressive, creative and committed. We will relentlessly pursue your best interests. Our firm is a Preeminent, AV Rated Firm, which means we have achieved the highest rating for legal ability from Martindale Hubbell. Our lawyers have also received numerous Top Attorney - 10.0 - ratings from AVVO, which is the highest rating, as well as receiving Clients' Choice awards two years running.

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Family Law Blog Post

Gay Marriage Ban Challenged

In 2013, the U.S. Supreme Court struck down portions of the Defense of Marriage Act (DOMA). The repercussions of that ruling echo in a lawsuit brought by six Florida couples against a state ban on same-sex marriage.

In January of this year, a complaint was filed against Harvey Ruvin, the Clerk of the Courts of Miami-Dade County, Florida. Parties to the complaint include six couples who were denied a marriage license by the clerk of the court.

Following the filing of the complaint, the parties filed a Memorandum and Motion for Summary Judgment. The pleading argues that the Florida ban on same-sex marriage violates their rights under the U.S. Constitution.

Legal arguments of the Motion state that:

  • The Florida marriage ban violates the rights of the parties to marry: The parties note the Florida ban “impermissibly denies” the plaintiffs and other same-sex couples the basic right to build a home and family with the partner of their choice.
  • Same-sex marriage shares equal dignity with heterosexual couples: The memorandum argues case precedent exists that homosexual couples are entitled to the same personal choices and liberties as those in heterosexual relationships.
  • Similar privilege sought: This case argues same-sex couples are not seeking a new, fundamental right, but to exercise the right of all persons to enjoy the right to marry.

Fueled by the DOMA decision, challenges to same-sex marriage bans are moving forward in Utah and Oklahoma. Similarly, the Florida case uses the federal ruling to underpin the argument to overturn our state ban on same-sex marriage.

When you have questions about family law issues affecting a member of the LGBT*QIAP+ community in north Florida, speak with one of our Jacksonville family law attorneys.

Jacksonville, Florida family law attorney Andrea Jevic also contributed to this blog post.

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