Florida/Georgia Personal Injury & Workers Compensation

...preempted by the Legislature. The scope of the preemption should also be limited to the specific area where the Legislature has expressed their will to be the sole regulator. Tallahassee Mem'l, 681 So.2d at 831(citations omitted). Lowe contends that section 741.212, Florida Statutes (1999), "directly preempt[s]" the DPA. Section 741.212 provides: (1) Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or...

...The Act provides benefits to domestic partners. It does not create that plethora of rights and obligations that accompany a traditional marriage. See S.D. Myers, No. C97-04463. Finally, as the county observes in its brief, the primary impetus behind the passage of section 741.212 was the fear that the full faith and credit clause of the federal constitution would require Florida to recognize same-sex marriages if another state recognized such a union....

...This supports a reading of the statute where the term "marriage" connotes a marriage in the traditional sense, with all the accompanying rights and obligations. The domestic partnership recognized by the DPA does not rise to the level of a "marriage" or a "relationship[] ... treated as [a] marriage[]" within the meaning of section 741.212....

...CTION 1(g) OF THE FLORIDA CONSTITUTION BECAUSE: (1) THE ACT IMPROPERLY INTRUDES INTO A MATTER PURELY OF STATEWIDE CONCERN UNDER CITY OF MIAMI BEACH V. FLEETWOOD HOTEL, INC., 261 So.2d 801, 804 (Fla.1972); or (2) THE ACT IS INCONSISTENT WITH SECTIONS 741.212, 112.08(2)(a), 741.211, OR 798.02, FLORIDA STATUTES (1999)? AFFIRMED IN PART; REVERSED IN PART....

...ida law prohibit such recognition." (Complaint, ¶ 12). Plaintiffs have filed a Complaint for Declaratory Judgment asking this Court to declare the Federal Defense of Marriage Act ("DOMA"), 1 U.S.C. § 7; 28 U.S.C. § 1738C, [1] and Florida Statutes § 741.212, [2] unconstitutional and to enjoin their enforcement....

...Co., 306 U.S. at 493, 59 S.Ct. 629). Florida is not required to recognize or apply Massachusetts' same-sex marriage law because it clearly conflicts with Florida's *1304 legitimate public policy of opposing same-sex marriage. See infra pp. 9-18; Fla. Stat. § 741.212....

...x marriage. The legislatures of the individual states may decide to permit same-sex marriage or the Supreme Court may decide to overturn its precedent and strike down DOMA. But, until then, this Court is constrained to hold DOMA and Florida Statutes § 741.212 constitutionally valid....

...es of the United States, the word "marriage" means only a legal union between one man and one woman as husband and wife, and the word "spouse" refers only to a person of the opposite sex who is a husband or a wife. 1 U.S.C. § 7 [2] Florida Statutes § 741.212, Marriages between person of the same sex, provides: (1) Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domes...

...[4] Defendant Ake filed an Answer and Defenses (Dkt.# 12) to Plaintiffs' Complaint on August 4, 2004, and an Amended Answer and Defenses (Dkt.# 13) on August 10, 2004. [5] Defendant Ashcroft only moves to dismiss Plaintiffs' claim that DOMA is unconstitutional and does not address the validity of Florida Statutes § 741.212....

...e our constitutional responsibility. We conclude that this proposed amendment would not operate to substantially alter or perform the functions of multiple branches of government. Initially, a comparison of the proposed amendment with current law in section 741.212 of the Florida Statutes (2005), demonstrates that the amendment essentially tracks the language of the current statutory provision. Section 741.212, in pertinent part, reads: (1) Marriages between persons of the same sex entered into in any jurisdiction,......

...h a marriage or relationship. (3) For purposes of interpreting any state statute or rule, the term "marriage" means only a legal union between one man and one woman as husband and wife, and the term "spouse" applies only to a member of such a union. § 741.212, Fla....

...The proposed amendment is essentially inserting this statutory scheme into the constitution with language substantially similar to the statutory provision itself. Therefore, it cannot be said that the proposed amendment would substantially alter the function of any branch of government as the State is currently applying section 741.212....

...On remand, the probate court shall make specific findings of fact and conclusions of law to facilitate appellate review. Reversed and remanded. NORTHCUTT and LaROSE, JJ., Concur. NOTES [1] The facts of this case do not raise any issues under the Florida Defense of Marriage Act, section 741.212, Florida Statutes (1999)....

...NOTES [1] Article I, section 23 of the Florida Constitution provides, in pertinent part, that "[e]very natural person has the right to be let alone and free from governmental intrusion into his private life." [2] Florida law does not recognize same sex marriages, section 741.212(1), Florida Statutes (2005), and defines the term "spouse" as applying to a "legal union between one man and one woman as husband and wife." § 741.212(3), Fla....

...e Court ultimately concludes, as discussed later, that Plaintiffs do not have viable claims under Florida law, the issue of Ms. Gonzalez's marital status is relevant to whether the claims alleged are recognized under Florida law. [21] See Fla. Stat. § 741.212; see also American Airlines v....

...2711, 129 L.Ed.2d 838 (1994) (trial court's determination of foreign law treated as ruling on question of law over which appellate court exercises plenary review). We also follow the definitions in the controlling Florida statute as to what constitutes a marriage and who will be considered a spouse. Section 741.212 provides as follows: "For purposes of interpreting any state statute or rule, the term `marriage' means only a legal union between one man and one woman as husband and wife, and the term `spouse' applies only to a member of such a union." § 741.212(3), Fla....

...Our explication of these differences between a marriage and an unión under Colombian law and this historical background surely demonstrate of their own force why the Colombian unión under Law 54 of 1990 cannot be considered a marriage for purposes of Florida law, especially under section 741.212(3)....

...Scott, 999 F.Supp.2d 1278 (N.D.Fla.2014), which struck down Florida’s ban on same-sex marriage. According to Florida state policy at the time of Russell and Pasik’s relationship, the two women could not have been lawfully married in the State. See Art. I, § 27, Fla. Const.; § 741.212, Fla....

...tegorically excluded from adopting under Florida law. [19] The Federal and Florida's Defense of Marriage Act precludes homosexuals who marry in other states from being recognized by Florida as a legal union. See 1 U.S.C. § 7 (West 1997); FLA. STAT. § 741.212 (1997).

...Judith joined Melinda as a plaintiff in that suit. Count III of the suit concerned a claim made by Judith for loss of consortium. Cheney moved for dismissal of Judith's claim, setting out that Judith and Melinda were not legally married at the time of the injury and further that section 741.212, Florida Statutes (2006), prohibits recognition of marriage between persons of the same sex in any event....

...No Florida case holds, or even suggests, the viability of a consortium claim independent of a legal relationship between the consortium claimant and the injured party. Judith next asks that we create an exception to the marriage requirement because Florida law prohibits same-sex couples from marrying. See § 741.212, Fla....

...iages and therefore did not intend to make invalid marriages that occur without the benefit of a license. The legislature has clearly provided that same-sex marriages are invalid, stating that they "are not recognized for any purpose in this state." § 741.212(1), Fla....

...d faith and in substantial compliance with this chapter." Nowhere in chapter 741 is it expressly stated that marriages conducted without a license are invalid or prohibited. In contrast, same-sex and incestuous marriages are prohibited. §§ 741.21, 741.212, Fla....

...arriage or relationship. (3) For purposes of interpreting any state statute or rule, the term "marriage" means only a legal union between one man and one woman as husband and *158 wife, and the term "spouse" applies only to a member of such a union. § 741.212, Fla....

...The Brenner plaintiffs assert additional claims based on the First Amendment’s right of association, the Establishment Clause, and the Supremacy Clause. D. The Challenged Provisions The Brenner and Grimsley plaintiffs all challenge Article I, § 27, of the Florida Constitution, and Florida Statutes § 741.212....

...Article I, § 27 provides: Marriage defined. — Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized. Florida Statutes § 741.212 provides: (1) Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or locat...

...The defendant Secretary of the Florida Department of Management Services and the defendant Florida Surgeon General must take no steps to enforce or apply these Florida provisions on same-sex marriage: Florida Constitution, Article I, § 27; Florida Statutes § 741.212; and Florida Statutes § 741.04(1)....

...functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. He contends certain Gainesville employment policies are forbidden "as otherwise provided by law," including particularly section 741.212, Florida Statutes (2000)....

...Defendant Bowman allegedly refused to issue Scott a new driver’s license and “tossed the marriage certificate back to [him],” indicating that it could not be used to support a name change on a Florida driver’s license under Florida law. At the time, Florida law, Fla. Stat. § 741.212 (2013), prohibited the recognition of out-of-state same-sex marriages, providing that: Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, .the United States, or any other jurisdiction ......

...s or of any other jurisdiction, either domestic or foreign, or any other place or location respecting either a marriage or relationship not recognized [by the State of *587 Florida] or a claim arising from such a marriage or relationship. Fla. Stat. § 741.212 (1), (2) (2013)....

...office in order to have Daniel’s driver’s license canceled. The Palm Bay office did not cancel Daniel’s driver’s license. On August 21, 2014, the United States District Court for the Northern District of Florida ruled that the Florida law in § 741.212 was unconstitutional and issued a preliminary injunction enjoining its enforcement....

...-, 135 S.Ct. 265 , 190 L.Ed.2d 138 (2014). This meant that the district court’s stay of its preliminary injunction would be lifted on January 6, 2015 (ninety-one days after October 6, 2014) and thus that, beginning on January 6, 2015, en-, forcement of § 741.212 would be enjoined. However, up until January 6, 2015, § 741.212 remained legally in effect....

...f a single letter indicating that the Wall-DeSousas’ driver’s licenses would be canceled indefinitely as of November 25, 2014. The DHSMV letter stated that, “[bjecause same sex marriage certificates are not recognized as valid in Florida under 741.212, F.S.we are unable to change your last name.” Defendants Johnson and Walden both signed the letter....

...mplete a name change on a driver license or identification card.” January 6, 2015 marked the first day in which the Florida district court’s stay of its preliminary injunction was lifted and the preliminary injunction, barring the enforcement of § 741.212, took effect....

...The district court, in effect, determined that the facts alleged in the Wall-DeSousas’ second *589 amended complaint did not specify conduct causing a constitutional violation. Rather, the defendants’ conduct was caused by, and constituted légal enforcement of, § 741.212, which was still valid at the time....

...ng why their driver’s licenses were being canceled. Second, the text of the letter is in the record, 3 and that text expressly and exclusively bases the defendants’ cancellation of the Wall-De-Sousas’ drivers licenses on the enforcement of the § 741.212 law. 4 The text of the letter even cites the Florida statute. Third, the judicial record establishes that § 741.212 was still valid at the time the defendants’ letter was sent....

...When an adequate lawful motive is present, even an assumed fact that an unlawful, retaliatory motive also exists does not preclude qualified immunity. Here, the allegations of the second amended complaint, taken with the text of the November 5, 2014 letter canceling the Wall-DeSousas’ driver’s licenses based on § 741.212, show substantial lawful intent without ruling out some unlawful intent, too. It is undisputed that, at the time of the November 5, 2014 letter, the enforcement of § 741.212 was not enjoined. Florida law did not recognize out-of-state same-sex marriages and driver’s licenses based on the Wall-DeSousas’ out-of-state mar *593 riage license. . Once enforcement of § 741.212 was enjoined on January 6, 2015, the requested driver’s licenses were issued shortly thereafter....

...The dissent suggests that a partial lawful motivation can never be decided on a motion to dismiss. But this ignores the allegations in the Wall-DeSousas’ second amended complaint, the text of the defendants’ letter which is properly before the Court (see n.3, infra), and the fact that § 741.212 remained the law at the time the letter was sent....

...ns are only appropriate between married spouses. Given that marriage in Florida is only permitted between a man and woman, the abstinence only program undeniably provides no forum for the discussion of sexual topics concerning non-heterosexuals. See § 741.212, Fla....

...omponent because a marriage-dependant abstinence only message is of de minimus relevance to non-heterosexuals. OHS's non-heterosexual students cannot engage in married sexual relations because Florida permits marriage only between a man and a woman. § 741.212, Fla....

...Fla. 2014), which struck down Florida's ban on same-sex marriage. According to Florida state policy at the time of Russell and Pasik's relationship, the two women could not have been lawfully married in the State. See Art. I, § 27, Fla. Const.; § 741.212, Fla....

the State of Florida 4 Prior to Obergefell, section 741.212, Florida Statutes (2014), governed same- sex

...recognize marriages from other jurisdictions and because a marriage is simply a “legal union,” this [c]ourt finds that Mali [Shushan], the reputed spouse of the Decedent, was engaged in a “legal union” with the Decedent within the meaning of section 741.212(3), Florida Statutes....

...Dyan observed, are “equal” to marriage, Israeli law has purposely kept the status of these two relationships separate. Reputed spouses are not married spouses under Israeli law. 4 The error within the probate court’s analysis appears to have proceeded from its attempt to apply a portion of the text of section 741.212(3), Florida Statutes (2013), Florida’s statutory prohibition against same-sex marriage, to the definitional controversy before it....

...ognize as marriage: “For purposes of interpreting any state statute or rule, the term ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the term ‘spouse’ applies only to a member of such a union.” § 741.212(3) (emphasis added)....

...on of certain types of marriages, as one that requires recognition of “any legal union” whatsoever as marriage. As the probate court put it, “a marriage is simply a ‘legal union.’ ” Such a reading was erroneous, to the extent any part of section 741.212(3) remains effective, for two reasons....

...City of Tampa, 64 So.3d 143, 145 (Fla. 2d DCA 2011) (“This court will not interpret statutes so as to render portions of them meaningless when a reading that gives meaning to all portions is possible.” (quoting Stratton v. Sarasota County, 983 So.2d 51, 55 (Fla. 2d DCA 2008))). Section 741.212(3) directs Florida courts to recognize as marriages—and restricts the term “spouse” to mean—those legal unions that have conferred a spousal status “as husband and wife.” To be a husband or wife, or a spouse, as we have already discussed, plainly connotes a marital relationship; section 741.212(3), when read as a whole, would simply reaffirm that proposition....

...The probate court’s construction, however, broadens that recognition to all of a foreign jurisdiction’s domestic relationships as if they were marriages (so long as they constituted some kind of a legal union), even if that jurisdiction would hold they were not. We find further support for our application of section 741.212(3) in the Fourth District’s appraisal of Colombian marital law in American Airlines v....

...If we have limited our inquiry into "ceremonial” or "formal" marriages, then, it is only because Israel's marital law has set that limited boundary for us. . See~ Obergefell, 135 S.Ct. 2584 . The probate court in its order noted that Obergefell invalidated portions of section 741.212(3) but that any constitutional infirmities within the statute were not relevant to this case....

...We would agree with the probate court's assessment, but our- holding today rests principally on applying the. plain meaning of "spouse" within section 732.102. We have not been asked, and so we will not attempt, to definitively reconstruct the constitutionally nonoffensive provisions of section 741.212(3). We address section 741.212(3) only to point out where the probate court erred in its construction of that statute, and with the assumption those portions we have addressed may remain constitutionally valid....

...On remand, the probate court shall make specific findings of fact and conclusions of law to facilitate appellate review. Reversed and remanded. NORTHCUTT and LaROSE, JJ„ Concur. . The facts of this case do not raise any issues under the Florida Defense of Marriage Act, section 741.212, Florida Statutes (1999)....

...Before SHEPHERD, C.J., and WELLS and ROTHENBERG, JJ.  SHEPHERD, C.J. This is an appeal by a same-sex couple from a sua sponte order entered in the court below, dismissing their petition for dissolution of their out-of-state marriage on the authority of section 741.212 of the Florida Statutes which states that same-sex marriages “are not recognized for any purpose in this state.” The couple, who are respectively appellant and appellee in this court, do not challenge the validity of the statute....

...th Judicial Circuit, alleging their marriage was irretrievably broken and praying for a decree of dissolution. On July 12, 2012, after a hearing on the petition, the trial court sua sponte dismissed the petition with prejudice on the authority of section 741.212 of the Florida Statutes, which prohibits the recognition of a marriage 2 between persons of the same-sex entered into in any jurisdiction “for any purpose.” Oliver, in an appeal in...

...hat decision. Discussion We begin by stating what this case is not about. This case is not about the constitutionality or merits of same-sex marriage. The parties did not raise the constitutionality of section 741.212 in the trial court or as a point on appeal before us. In fact, they urge us to reverse the decision below in order to avoid constitutional issues.1 The statute the parties wish us to “interpret” reads as follows; Section 741.212....

...sex which are treated as marriages in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state. §741.212, Fla....

...5th DCA 1980); see also Hall v. Maal, 32 So. 3d 682, 687 (Fla. 1st DCA 2010) (“The legislature has clearly 4 provided that same-sex marriages are invalid, stating that they ‘are not recognized for any purpose in this state.’ § 741.212(1), Fla....

...fy the case pursuant to rule 9.125. Appellee asserted that petitions for dissolution of same-sex marriages are being unevenly adjudicated around the State of Florida. On June 26, 1 Article I, § 27, Fla. Const.; § 741.212(1), Fla....

...The record is unclear as to how the jurisdiction of the circuit court became an issue in this case. However, in March 2014, the attorney for the petitioner provided notice to the Attorney General that the case involved a constitutional challenge to section 741.212(1), Florida Statutes (2013), and article I, section 27 of the Florida Constitution....

...The Attorney General did not file an appearance, and no one argued in support of the legal provisions. The circuit court then entered the order on appeal, which determined that the circuit court had no jurisdiction to grant a divorce because of section 741.212(1)3 and article I, section 27 of the Florida Constitution.4 The order contains no discussion of any constitutional argument and no express constitutional ruling. Most important, it has no discussion of 3 Section 741.212(1) provides: Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, e...

...dissolution of marriage in October 2013.2 Krista opposed the petition, arguing that because Florida did not recognize same-sex marriage, the court had no jurisdiction to dissolve the marriage even though it had been legally entered into in another state. She pointed to section 741.212, Florida Statutes (2013), commonly known as Florida's Defense of Marriage Act, in support of her argument.3 The trial court concluded that it was bound by section 741.212 and dismissed the petition....

...In her unverified motion to dismiss the petition, Krista alleged that she was both the birth mother and genetic mother of the child and that Danielle therefore had no standing to request shared parental responsibility or child support. 3 Section 741.212(1) provides that "[m]arriages between persons of the same sex entered into in any jurisdiction . . . are not recognized for any purpose in this state." Section 741.212(2) prohibits "[t]he state, its agencies, and its political subdivisions" from giving effect to any same-sex marriage or claim arising from such a marriage. -2- judgments obtained in t...

...2d 323, 325 (Fla. 2d DCA 2002). Both Krista and the Attorney General take the position that Florida need not afford full faith and credit to legal out-of-state same-sex marriages because they violate Florida's public policy as set forth in section 741.212 and article I, section 27 of 6 We also note that intermediate equal-protection scrutiny may apply in certain circumstances....

...371, 376 (1971). In summary, neither Krista nor the Attorney General have suggested what legitimate government interest would be served by precluding a Florida court from exercising jurisdiction over this dissolution of marriage proceeding. Stated differently, they have not established that section 741.212 or article I, section 27 of the Florida -7- Constitution bear any rational relationship toward furthering any legitimate public policy that should preclude this dissolution of marriage case from going forward....

...Stufflebeam, 155 So. 3d 395, 399 (Fla. 3d DCA 2014), the Third District affirmed the dismissal of a petition for dissolution of an out-of- state same-sex marriage. However, in that case, both parties were in agreement as to the allegedly proper interpretation of section 741.212, and they did "not challenge the validity of the statute." Id....

..., nor do I believe such an argument can be validly made in a case involving a minor child. - 10 -  I would note that allowing same-sex couples to obtain a divorce does not run afoul of section 741.212, Florida's Defense of Marriage Act (DOMA), which proscribes the marriage of same-sex couples.9 The Supreme Court of Wyoming has observed: [R]ecognizing a valid foreign same-sex marriage for the limited p...

...explain why Florida's ban on recognizing same-sex marriage does not erect an unscalable barrier to the trial court's exercise of jurisdiction. Indeed, a proper characterization of the claimed right at issue in this case demonstrates that sections 741.212 and 741.04 have minimal application to a case involving the divorce of a same-sex couple validly married in another state. As the court's opinion recognizes, the current state of the law compels the trial court to entertain Danielle's petition for dissolution of marriage....

...an. Brenner v. Scott, 999 F. Supp. 2d 1278 (N.D. Fla. 2014), stay pending appeal denied, Armstrong v. Brenner, 135 S. Ct. 890 (Dec. 19, 2014). Brenner tells us that article I, section 27, of the Florida Constitution and related statutes, sections 741.212 and 741.04(1) ("No county court judge or clerk of the circuit court in this state shall issue a license for the marriage of any person ....

...make and will make Florida their home. Although divorce does not inevitably follow marriage, we should anticipate that many married same-sex couples, unfortunately, will need to dissolve their unions.10 It is hard to fathom that the legislators who passed sections 741.212 and 741.04(1) envisioned a scenario where assets remain unmarketable for lack of an equitable distribution....

...marriages have declared marriage to be a fundamental right recognized by the federal constitution. See Brenner, 999 F. Supp. 2d at 1281, 1289; Turner, supra. Unquestionably, in the trial court's view, article I, section 27, of the Florida Constitution and section 741.212 classify same-sex couples differently than heterosexual couples for purposes of dissolution of marriage....

...of Columbia, 653 A.2d 307 (D.C. 1995) (discussing whether homosexual orientation of parents will influence children's sexual orientation). Seemingly, the State insists that procreation and traditional family units undergird article I, section 27 and sections 741.212 and - 18 - 741.04(1)....