State Ban on Gay Marriage Unconstitutional, 3rd Judge Says

The third Florida judge in 18 days has ruled that the state’s ban on gay marriage is unconstitutional.

The ruling that came down Monday was issued by Broward Circuit Judge Dale Cohen, according to the Miami Herald. Cohen issued his ruling and then stayed the decision pending the outcome of an appeal filed by the state following an earlier ruling on the issue.

“This Court believes that the issue here is not whether there is a right to same-sex marriage but instead whether there is a right to marriage from which same-sex couples can be excluded,” Cohen wrote in his ruling, the Herald reported. “The State of Florida cannot ignore the status and dignity afforded to opposite-sex couples, who were married out-of-state, and not extend those same rights, dignities and benefits to same-sex couples similarly situated.”

This particular case centers not necessarily on the right to marry, but on the right for same-sex couples to divorce in Florida. It was brought by South Florida resident Heather Brassner who wants a divorce from her partner, Megan Lade. The two entered into a civil union in Vermont back in 2002, but are now separated. While Lade can’t be tracked down, Brassner wants a divorce, the Washington Post reported.

Cohen said before he could even grant a divorce, he’d have to rule on the state’s gay marriage ban that was approved by voters in a 2008 referendum. That same ban has been overturned now in Monroe and Miami-Dade County. Florida Attorney General Pam Bondi is appealing the rulings at the federal level.

What are your thoughts on Florida’s gay marriage ban? Tell us by commenting below.