Tag Archive for: same sex marriage

Tampa’s Domestic Partnership Registry Goes Into Effect

On June 25, 2012, the City of Tampa opened up its Domestic Partnership Registry for applications.  This allows for committed same sex and unmarried heterosexual couples to have expanded rights, such as the following:

  • Healthcare visitation for partners and dependents of partners;
  • Healthcare decision-making for incapacitated partners;
  • Funeral and burial decisions for partners;
  • Notification of partners as family members in cases of emergency;
  • Pre-need guardian designation will not be denied based solely on being homosexual; and
  • Participation in education decisions for the partner’s dependent children.

Related:  Five Legal Steps Florida LGBT Parents Should Take

[Related:  In A Florida Child Custody Case, Does It Matter That I Am Gay?]

[Related:  In Which County Should I File My Florida Adoption Case?]

To sign up for the registry, couples must go to the Office of the City Clerk, located at 315 East Kennedy Boulevard, Third Floor, Tampa, Florida 33602.  Registration is open from 9:00 a.m. until 4:00 p.m., though beginning July 9 registration hours will be from 10:00 a.m. to 3:00 p.m.

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St. Petersburg and Clearwater Join Tampa and Gulfport in Creation of Domestic Partnership Registry

Tampa’s City Council recently approved the creation of a domestic partnership registry, which will be open to the public beginning June 25, 2012.  The cities of Saint Petersburg, Clearwater, and Gulfport have followed Tampa’s lead, and will all soon have domestic partnership registries.  The Tampa Bay Times writes:

[St. Petersburg’s] law…requires health care facilities to allow any registered domestic partner to visit their mate and make care decisions if their partner is incapacitated.

Since January, all hospitals receiving federal aid were required to allow domestic partners access to patients and the control of their care. A city registry would help local hospitals follow federal guidelines, said Jeannine Williams, an assistant city attorney.

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Rights Recognized in Tampa’s Domestic Partnership Registry

As President Obama today expressed his support for gay marriage, the State of Florida continues to define marriage as “a legal union between one man and one woman,” leaving homosexuals in loving relationships in a state of legal limbo.  Attempting to fill in the gap, many local county and municipal governments are passing “domestic partnership registries” which codify certain rights to heterosexual and homosexual partners.  Tampa, for one, has passed an ordinance creating a domestic partnership registry.

Related:  Five Legal Steps Florida LGBT Parents Should Take

[Related:  In A Florida Child Custody Case, Does It Matter That I Am Gay?]

[Related:  In Which County Should I File My Florida Adoption Case?]

Tampa’s domestic partnership law recognizes the following rights for registered partners (to the extent that these rights are not superseded by other laws or ordinances or by contract):

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TMH v. DMT: Florida Appellate Court Recognizes Parental Rights of Both Lesbian Mothers in Case of Fertilized Egg Transplant

Here’s the story:  Two women are in a committed lesbian relationship when they decide to have a child together using reproductive technologies.  One woman (the “Genetic Mother”) supplies the egg and has it fertilized.  That egg is then implanted into her partner (the “Birth Mother”) who gives birth in 2004.

Related:  Five Legal Steps Florida LGBT Parents Should Take

[Related:  In A Florida Child Custody Case, Does It Matter That I Am Gay?]

[Related:  In Which County Should I File My Florida Adoption Case?]

The child is given a hyphenated last name, combining the names of the Birth Mother and Genetic Mother.  Birth announcements are sent out, proclaiming both partners to be mothers of the child.  The partners reside with one another and the child in Florida, and they all live happily ever after.

Until 2006, when the Birth Mother and Genetic Mother break up.

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Maryland To Recognize Gay Marriage

According to the Washington Post, Maryland will likely become the seventh state to recognize gay marriage:

Related:  Five Legal Steps Florida LGBT Parents Should Take

A bill that would legalize same-sex marriage in Maryland was approved by the state Senate, which advanced a measure that narrowly cleared the House of Delegates last week.

The final vote by the state Senate ended a yearlong drama in Annapolis over the legislation, and marked the first time an East Coast state south of the Mason-Dixon line has supported gay nuptials.

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Does Florida Recognize Common Law Marriage?

You may have heard about common law marriages. Generally speaking, they are unions in which the couple has not been licensed for marriage by the state but have lived with one another for a certain period of time and have voluntary held one another out to others as being a married couple.

Prior to 1968, couples could enter into a common law marriage in Florida and have all the rights and responsibilities that come with a state-licensed marriage. However, with the passage of section 741.211 of the Florida Statutes, couples could no longer enter into common law marriages in Florida. The current iteration of section 741.211 reads as follows:

Common-law marriages void.—No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.

However, this statute does not abolish Florida’s recognition of all common law marriages.

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New York Recognizes Gay Marriage. Do Floridians Have Options?

Beginning July 24, 2011, gay couples in New York will be able to apply for a marriage license.  This will make New York the sixth and largest state to recognize gay marriage.

Florida, unlike New York, does not permit gay marriage, nor does it recognize civil unions.  But there are things that partners can do to symbolize their love for one another and create certain rights and responsibilities.  You just have to be creative.

Let me give you an example.  One of the services that my firm offers is that we represent clients in name change matters.  I have heard all different reasons why a client wants a name change, including that he or she (a) has done some things he or she is not proud of and wants to turn a new leaf, (b) wants to take on the qualities of a religious or historical figure by taking on part of that figure’s name, and (c) simply does not like his or her name.

One day, a young woman came in for a consultation, and she had a touching story to tell me.  She said that she had been dating her partner for several years, and that they wanted to get married.  But, of course, Florida does not permit gay marriage.  However, this woman decided to declare her love and commitment by legally taking on her partner’s last name.  I was able to guide her through the judicial process of symbolically affirming her dedication to her partner through a name change.

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Video: Professor Atwood Discusses Changes in Family Law Part 3

Barbara Atwood of the University of Arizona discusses how family law has changed in this video from Divorce TV:

Video: Professor Atwood Discusses Changes in Family Law Part 1

Barbara Atwood of the University of Arizona discusses how family law has changed in this video from Divorce TV: