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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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