Same-Sex Marriage Given the Green Light by Supreme Court, What Does This Mean for Same-Sex Divorce?

On Friday, June 26 the United States Supreme Court ruled that under the Constitution marriage is a fundamental right inherent in individual liberty that shall apply with equal force to same-sex couples. Here is the opinion ( http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf). States can no longer refuse to grant same-sex couples marriage licenses nor can they refuse to recognize such licenses from other states. At the time, 36 states already had similar laws in place. This latest ruling means that the U.S. now joins nearly two dozen other countries that recognize or allow same-sex marriage nationwide. This decision also clarifies the question as to whether the courts can grant same-sex divorces.

The majority opinion, written by Justice Kennedy, based its decision on the below principles and traditions.

  1. The Fourteenth Amendment requires a State to license a marriage between two people of the same sex, and it guarantees equal protection.
  2. The right to personal choice regarding marriage is inherent in the concept of individual autonomy.
  3. The right to marry is fundamental because it supports a two-person union unlike any other in its importance to the committed individuals.
  4. This ruling safeguards children and families and thus draws meaning from related rights of childrearing, procreation, and education.
  5. Marriage is a keystone of the Nation’s social order. States have contributed to the fundamental character of marriage by placing it at the center of many facets of the legal and social order. There is no difference between same- and opposite-sex couples with respect to this principle.

Here in Florida, this process began in earnest back in January right after the Sunshine State joined 35 other states in legalizing same-sex marriage. Prior to January, Florida wouldn’t allow for same-sex divorces because they didn’t recognize these types of marriages. For example, Florida would not allow a same-sex couple married legally in Connecticut to get a divorce in Florida because at the time Florida didn’t consider it a legal marriage. These couples were stuck in limbo.

Now that has all changed. Officials say last-month’s decision could lead to a flurry of litigation, with the outcomes hard to determine because the process is still so new.

We urge anyone that is thinking about seeking a divorce to get in touch with us for more information. E-mail Keith@AttorneyGrossman.com, or call toll free: 877-687-1392, or locally: 239-210-7516.

 

Photo by Serge Bertasius Photography on freedigitalphotos.net

Image courtesy of Serge Bertasius Photography at FreeDigitalPhotos.net

Interested in learning more about the emotions that can surface during a divorce, read my free e-book, “Does Every Divorce Need a Shark?”

Does Every Divorce Need a Shark?

     Posted on July 17, 2015 at 5:01 pm | No comment

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