A state trial court in Miami issued a decision today in favor of marriage equality for same-sex couples in the state of Florida.
The state trial court issued a decision striking down Florida's ban on marriage for same-sex couples, and effectively ordered Miami-Dade County to allow same-sex couples the right to marry.
The court stayed the order pending an appeal.
The case was brought by Equality Florida Institute and six same-sex couples. Those couples are represented by the law firm Carlton Fields Jorden Burt, Elizabeth F. Schwartz, Mary B. Meeks, and the National Center for Lesbian Rights (NCLR).
Judge Sarah Zabel of the Eleventh Judicial Circuit Court heard arguments in the case on July 1, 2014.
The couples argued that Florida’s ban on marriage equality cannot stand in light of the United States Supreme Court’s ruling in June 2013 that the federal “Defense of Marriage Act” violates the federal constitutional guarantees of equal protection and due process.
It's important to note that every court to consider these federal constitutional claims since last summer’s Supreme Court decision has ruled in favor of the freedom to marry. Those courts include federal and state courts in Utah, Ohio, Oklahoma, Arkansas, Kentucky, Idaho, Illinois, Indiana, Michigan, Oregon, Pennsylvania, Tennessee, Texas, Virginia, and Wisconsin.
Experts believe the decision by the state trial court signals that momentum for marriage equality is at an all-time high in Florida.
This decision came only two weeks after Monroe county Circuit Court Judge Luis Garcia issued a similar decision striking down Florida’s ban on marriage for same-sex couples and ordering Monroe County to allow same-sex couples to marry.
The Monroe County decision was appealed by Florida Attorney General Pam Bondi, which automatically stayed the decision while the appeal is pending.
NCLR Legal Director Shannon Minter issued the following statement:
“Today’s decision affirms the fundamental principles of equality and fairness and the common humanity of gay and lesbian people. As the Court recognized, these families are part of Florida’s community, and equal protection requires that they be given the same legal protections and respect as other families in this state. The Court’s ruling is a victory not only for the courageous couples who brought this case, but for everyone who cares about freedom and fairness.”
Equality Florida Institute Chief Executive Officer Nadine Smith also issued a statement, saying:
“Today's ruling is a victory for thousands of couples who have been denied access to marriage. It is a victory for children who have longed for the day when their families would be respected equally under the law. And it is a victory for all Floridians who share the values of fairness and equality under the law. We applaud Judge Zabel for her decision. No matter the legal path ahead, we will continue to fight until the day we all have the right in Florida to marry the person we love."