Broward Judge Latest to Strike Down Gay Marriage Ban

 

There are not many news segments that change as rapidly as the area of family law, especially as it pertains to marriage between same-sex couples. Attorney Ellen Dee Silvers is constantly aware of what’s happening via her many professional associations and contacts with lawmakers and legal experts. The Sun-Sentinel reports on another recent development that may eventually lead to a state-wide change in the law:

Broward Circuit Court Judge Dale Cohen on Monday became the third judge in less than a month to strike down the state’s ban on same-sex marriage. But just as in the previous two cases, actual marriages between gay and lesbian couples will have to wait.

The judge ruled on a legal question that arose in the divorce case of Heather Brassner and Megan Lade. The two were granted a civil union in Vermont in 2002 but separated in 2010.

Brassner, of West Palm Beach, wished to divorce Lade, but since Florida does not recognize same-sex marriage, there was a question as to whether the judge could grant a divorce. In trying to answer that question, Cohen ruled the same-sex marriage ban itself was unconstitutional.

“To discriminate based on sexual orientation, to deny families equality, to stigmatize children and spouses, to hold some couples less worthy of legal benefits than others based on their sexual orientation,” Cohen wrote, “is against all that this country holds dear, as it denies equal citizenship. Marriage is a well-recognized fundamental right; all people should be entitled to enjoy its benefits.” Complete story @ sunsentinel.com

Ellen has been a practicing attorney in south Florida for 30 years and she is eminently qualified to handle matters pertaining to marriage, divorce, custody, alimony, and child support. She has also decided to make the area of same-sex matrimonial matters an integral part of her practice and is happy to consult with clients who have questions in that area. Ellen Dee Silvers office can be contacted at 305-931-7112

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