An interesting bit of news from Broward County (where this scrivener resides).
Florida, where the State government is making every argument in every court to follow its citizens' desires to prohibit same-sex marriages has managed to allow same-sex divorces.
It made the tv "news" and the few surviving newspapers.
The Miami Herald headlined Broward judge invalidates Florida’s gay-marriage ban, grants divorce to lesbian and same-sex partner while Miami's CBS4 broadcasts Lesbian Asks Broward Judge To Grant Divorce.
MSN.com, Circuit Judge Dale Cohen on Wednesday dissolved the marriage of Heather Brassner and Megan Lade in a brief hearing. They were united in a 2002 civil union in Vermont but Brassner was unable to obtain a divorce in Florida for five years since their relationship ended.
The MSN article continued: Cohen ruled in August that Florida's gay marriage ban is unconstitutional because it violates the Fourth Amendment's guarantees of equal protection and due process. Because the ruling came in a divorce case, it has the effect of also declaring that out-of-state gay marriages should be recognized in Florida. It does not mean same-sex marriage licenses can be issued in Broward County.
"This is a historic day. This is the first divorce for a same-sex couple. It will not be the last divorce," said Brassner attorney Nancy Brodzki
Will Florida become the Nevada (Divorce Capital) for homosexual divorces?
Certainly our climate is better: today the high in Fort Lauderdale is predicted to reach 71 (the low was 59). Compare that to Las Vegas NV.
Florida divorce laws are pretty casual.
According to the Florida Bar site: Florida is one of the many states that has abolished fault as a ground for divorce. The only requirement to dissolve your marriage is to prove that your marriage is “irretrievably broken.” Either spouse can file for the dissolution of marriage. You must prove that a marriage exists, one party has been a Florida resident for six months immediately preceding the filing of the petition, and the marriage is irretrievably broken. Fault, however, may be considered under certain circumstances in the award of alimony, equitable distribution of marital assets and liabilities, and determination of parental responsibility.
For a person such as this scrivener who opposes same-sex marriage only because of the term "marriage" - call it a "union" or "joining" or almost anything other than "marriage" - dissolution - the name du jour in Florida for divorce - probably also would need a new term; something "neutral" to cover both "friendly" and "bitter" break-ups.
Judge Cohen ruled in August that Florida's gay marriage ban is unconstitutional because it violates the Fourth Amendment's guarantees of equal protection and due process. Because the ruling came in a divorce case, it has the effect of also declaring that out-of-state gay marriages should be recognized in Florida. It does not mean same-sex marriage licenses can be issued in Broward County.
The MSN article continued: Brodzki said she expects Attorney General Pam Bondi to appeal the decision, just as she has several other rulings against the gay marriage ban by state and federal judges.
"We expect the state to continue to fight until there is no longer any possibility of them waging a fight," Brodzki said.
A spokeswoman for Bondi's office said the decision would be reviewed. The attorney general has been battling on several legal fronts in support of the same-sex marriage ban enshrined in the state constitution by voters in 2008.
Maybe Florida's Gov. Rick Scott should tell his Attorney General to simply ignore the same-sex divorce issue since he wants to expands Florida's economy; tourism brings Big Bucks to the state and a six-month residency requirement plus attorney's fees and court costs, even in uncontested splits, could be lucrative for the state.
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