Florida Federal Court Permits Same Sex Marriage (sort of) — Brenner v. Scott
In an historic ruling, a Florida federal court issued an opinion yesterday, August 21, 2014, which paves the way for same sex marriages to be recognized in Florida. The case of Brenner v. Scott will no doubt gather national attention, and Florida Governor Rick Scott’s office is expected to appeal the ruling by US District Judge Robert L. Hinkle.
No Same Sex Marriage in Florida
- Florida does not recognize gay marriage, even if entered into legally under the valid laws of another state which permits same sex marriage, such as the Commonwealth of Massachusetts.
- Florida also has other laws which many find discriminatory, such as not permitting same sex couples to adopt children.
Brenner v. Scott Case Before Judge Robert L. Hinkle
- The issue before the US District Court for the Northern District of Florida, http://www.flnd.uscourts.gov/ was Florida’s refusal to allow same-sex marriages or to recognize same-sex marriages lawfully entered elsewhere
- Judge Hinkle referenced the US Supreme Court case of U.S. v. Windsor which struck down part of the federal Defense of Marriage Act in 2013
- The US District Judge in Brenner v. Scott recognized that since US v. Windsor last summer, 19 different federal courts have given legal victories to those challenging state laws prohibiting same sex marriage
- Put another way 19 federal courts, now, including the US District Court for the Northern District of Florida, have ruled that state bans on same sex marriage are un-Constitutional
Inheritance Rights for Gay Couples
- Validly married same sex couples have inheritance rights
- While many legal commentators have discussed the right to marry for gay couples, few have reported on same sex inheritance rights
- If gay marriage is recognized in Florida, then same sex spouses have incredible, and valuable, estate rights or probate rights including
- Florida homestead
- Family allowance
- Florida elective share
- Florida intestacy rights (intestate share)
- With $41 trillion —trillion, not billion — passing or shifting from the WWII generation to the Baby Boomers and Gens X and Y, this massive inheritance may now be more readily available for same sex couples who are legally married
Here is the link to read a free copy of the opinion of US District Court Judge Hinkle: http://www.flnd.uscourts.gov/announcements/documents/20140821_Brenner_Scott_414cv107.pdf
Here is a link to an online article about the federal court ruling on same sex marriage in Florida: http://www.tallahassee.com/story/news/local/2014/08/21/hinkle-strikes-down-florida-ban-on-same-sex-marriage/14401457/