Monday, August 4, 2014

Florida: Broward County judge rules in favor of marriage equality


For the third time in three weeks, a Florida judge has ruled in favor of marriage equality, this time in Broward County.

From Freedom To Marry:

The ruling in today's case, from Broward County Circuit Judge Dale Cohen, is the third marriage ruling in three weeks, following a July 17 ruling in Monroe County's Huntsman v. Heavilin and July 25's ruling in Miami-Dade County's Pareto v. Ruvin.

In all 3 cases, judges ruled that banning same-sex couples from marrying is unconstitutional. All three rulings are stayed, and the two previous rulings have been appealed by Florida Attorney General Pam Bondi.

For now, today's decision only applies to Broward County. The next step for the Miami-Dade and Monroe County decisions is review by Florida's 3rd Circuit Court of Appeals. Last week, the plaintiffs in both cases moved to consolidate their cases and filed a motion seeking review directly by the Florida Supreme Court.

More than 30 court rulings have come down in favor of same-sex marriage since the June 2013 ruling by SCOTUS striking down the anti-gay Defense of Marriage Act.

Reading just a bit from Judge Cohen's ruling:

“The Court is well aware of the emotionally charged environment behind this important issue. However, politics and emotionality cannot rule, it is the laws of our government that create the free society that we enjoy. The judicial role is to rule by applying the law to the facts with neutrality and impartiality.”

“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.”

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