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DeVoe Law Firm Trials & Transactions
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Not Recognizing Your Marriage Means No Divorce?

Back in 2008, Florida passed a constitutional amendment banning homosexual marriage with a 62% yes vote. Since then, there have been quite a number of cases brought to the courts to challenge that ruling, including a few recent ones which are a little different.

Generally, couples will challenge the court when they are seeking a marriage, but in 2 recent cases, the opposite is true: The state’s ruling is being challenged because the couples in question are unable to get a divorce.

In the first case, Maria Matheau is citing right such as the right to equal protection and the right to access the courts in order to get her case heard. She and her partner are splitting amicably, but they are unable to do so without the court’s protection during division of assets and legal obligations.

In the second case, Heather Brassner was cheated on by her spouse, who vanished four years ago, and she says she is now stuck in a civil union because Florida is banned from recognizing the relationship.

These cases follow the recent message from Florida Attorney General Pam Bondi, calling for the cessation of all same-sex cases until the Supreme Court of the United States (SCOTUS) can make a formal decision.

Matheau and Brassner are not keen on waiting though, as a decision by the state’s highest court cannot be reviewed by SCOTUS anyway. It is yet to be seen what will happen in any of these matters, but it stands to reason that the topic of gay marriage will continue to be a hotly-contested one for the foreseeable future.


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