Florida Supreme Court Considering Whether To Rule On Same-Sex Divorce

Aug 27, 2014

Credit Andrew Malone via Flickr

The Florida Supreme Court is weighing whether to hear a same-sex divorce case. A lower court has asked for guidance after judges in the state recently ruled Florida’s same-sex marriage ban unconstitutional.

The spouses in the case are Florida residents who were married in Massachusetts four years ago. Early this year, they filed for dissolution of their marriage, but their circuit court judge said because Florida doesn’t recognize their union, the state lacks jurisdiction to grant their divorce.

After both women appealed, the Second District Appeals Court asked the Florida Supreme Court to settle the case. In their request to the high court, the judges wrote the issue is whether Florida’s ban on same-sex marriage unconstitutionally limits people’s federal protections such as access to the courts and equal protection.

The Family Law Section of the Florida Bar has also been granted the ability to argue on the women’s behalf.