State Appeals Court Asks Florida Supreme Court to Decide ‘Significant’ Same-Sex Marriage Case

In a case designated as having “significant public and media interest,” Florida’s 2nd District Court of Appeal has asked the state Supreme Court to take up a same-sex marriage case — one with a unique twist.

Most same-sex marriage cases come before a court because the plaintiffs are in love and want to marry. Many want to adopt. Some are married in their home state but move, only to learn their new state won’t recognize their marriage.

But one Florida couple has taken a bit of a different approach — and their case may possibly become the one to overturn the Sunshine State’s ban on same-sex marriage, once and for all.

Mariama Monique Changamire Shaw married Kelba Lynn Shaw in Massachusetts. 

Now they want to divorce.

Florida’s 2nd District Court of Appeal today voted 10-3 to refer the case, Shaw v. Shaw, to the Florida Supreme Court.

Assuming the state’s highest court accepts the case, it could mean the end of the same-sex marriage ban that became law in 1997 and that voters added as an amendment to their constitution in 2008.

In their ruling today, the 2nd District Court judges noted  the case “requires immediate resolution by the Florida Supreme Court because the issues pending are of great public importance and will have a great effect on the proper administration of justice throughout the state.”

“Resolution of the constitutional questions will no doubt impact far more individuals than the two involved here,” today’s opinion from the 2nd District kurt of Appeal notes. “And there can be little doubt that until the constitutional questions are finally resolved by the Florida Supreme Court or the United States Supreme Court, there will be a great impact on the proper administration of justice in Florida.”

“Today, the 2nd District Court of Appeal (DCA) in Tampa, Florida has requested that the Florida Supreme Court take up the issue of marriage equality right away,” said Stratton Pollitzer, Deputy Director of Equality Florida in a statement. “This is what we’ve been asking for all along. We’re thrilled that the 2nd DCA agrees that marriage equality is an issue of such urgency and importance that it should be elevated directly to the Florida Supreme Court. We hope that the 3rd DCA in Miami will follow suit and request that the marriage cases pending before them also be moved directly to the Florida Supreme Court. We need a final resolution, not another appeal, because every day this discriminatory ban remains in place causes significant and irreparable harm to our families.”

The AP reports that “judges in four Florida counties – Palm Beach, Monroe, Miami-Dade and Broward- have overturned the ban. Last week a federal judge also overturned the ban. No marriage licenses have been issued so far as the cases have either been appealed or judges have issued a stay to delay the effect of the ruling.”

 

Image: Wikimedia