Tag Archive for: gay and lesbian parents

Mixed Orientation Marriages

As LGBT rights have gained acceptance in Florida and throughout the U.S., it has become more common to learn about a spouse in an opposite-sex marriage – sometimes a long-term marriage – come out as lesbian, gay, bisexual, or transgender.  There is a term for marriage where one spouse is straight and the other spouse is lesbian, gay, bisexual, or transgender: Mixed Orientation Marriages.  The term can also be applied to same-sex marriages where one of the spouses is bisexual or gender fluid.

Transcending Boundaries, which is a 501(c)(3) non-profit organization that provides education, activism, and support for persons whose sexuality, gender, sex, or relationship styles do not fit within conventional categories, has published a brochure that discusses and provides resources for those spouses in Mixed Orientation Marriages.

The brochures says the following about Mixed Orientation Marriages:

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Anti-Gay Language Stripped From Florida Adoption Laws

Up until recently, chapter 63 of the Florida Statutes, which contains the state’s adoption laws, was explicitly anti-gay.  Chapter 63 and adoption case law stated that whether prospective parents could adopt a child should be based on the best interests of the child, with one exception.

LGBT flag

That exception was laid out in Florida Statutes section 63.042(3) (2014), which provided that “No person eligible to adopt under this statute may adopt if that person is a homosexual.”

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Cordover Presents on LGBTQ+ Family Law in Sarasota

Family Diplomacy’s managing attorney Adam B. Cordover gave a presentation on “The New Family: LGBTQ+ Issues & Family Law” at the 2015 Fall Conference of the Florida Court Professional Collaborative (FCPC) of the Twelfth Judicial Circuit.  The title of the Conference was “2015 Trends in Family Law.”

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Florida to Make Marriage Certificates Gender Neutral. What About Birth Certificates?

According to a recent report in the Tampa edition of Creative Loafing, in light of the recent Supreme Court decision and issuance of marriage licenses to same-sex couples, Florida’s Office of Vital Statistics is making the state’s marriage certificates gender neutral.  From Creative Loafing:

Friday marked the anniversary of the anniversary of District Judge Robert Hinkle’s ruling that struck down the state’s gay marriage ban.

On the eve of that anniversary, LGBT equality advocates saw another small but symbolic victory, according to Equality Florida.marriagecertificateweb.jpg

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Florida Same-Sex Marriage – Will I Be On My Child’s Birth Certificate?

It has long been the law in Florida that when a child is born during an intact marriage between a man and a woman, the husband shall be placed on the birth certificate.  Generally, this is the case even if the husband is not the biological father of the child; the right of the child to be considered “legitimate” is so strong that it does not matter whether there is an actual genetic connection between the child and the father.

Now that Florida’s ban on same-sex marriage has been declared unconstitutional by a federal judge and marriage licenses are being provided to same-sex couples, will a hospital put a woman on a birth certificate if her wife gives birth?

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Is Florida’s Gay Adoption Ban Still On The Books?

Most people know that, for a long time, Florida did not permit gay individuals to adopt children.

Florida’s adoption laws were and are mainly based on the best interests of the child.  Even if a prospective adoptive parent were a convicted violent felon, the felony likely would not automatically prevent an adoption from happening; the judge would need to entertain evidence and make a determination about whether, despite the felony, the adoption was in the best interests of the adoptee.

But if a prospective adoptive parent were gay, and the judge knew this fact, there would be no analysis.  A gay person was not permitted under Florida law to adopt a child, regardless of whether it was in the child’s best interest.

However, that all changed in 2010, when Florida’s Third District Court of Appeals published its decision in In re the Adoption of XXG and NRG.

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Can I Now Divorce My Same-Sex Spouse in Florida?

Last week, Federal Judge Robert L. Hinkle clarified his ruling in Brenner v. Scott to state, definitively, that the U.S. Constitution requires Florida clerks of court to issue marriage licenses to same-sex couples.  This has brought great jubilation that marriage equality is finally recognized in Florida.  Clerks throughout the state (including in my own Hillsborough County) have begun issuing marriage licenses, and some even have officiated over marriages.

Hillsborough County Clerk of the Court Pat Frank Officiates Over a Mass Same-Sex Wedding

Hillsborough County Clerk of the Court Pat Frank Officiates Over a Mass Same-Sex Wedding

However, is same-sex marriage yet completely equal in Florida?  Is it recognized for all purposes in Florida, including for purposes of dissolving that marriage?

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Tampa Same Sex Divorce Appeal: Text of Answer Brief

We know all men are not created equal in the sense some people would have us believe – some people are smarter than others, some people have more opportunity because they’re born with it, some men make more money than others, some ladies make better cakes than others – some people are born gifted beyond the normal scope of most men.

But there is one way in this country in which all men are created equal – there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president.  That institution … is a court.  It can be the Supreme Court of the United States or the humblest [lower] court in the land. . . . Our courts have their faults, but in this country our courts are the great levelers, and in our courts all men are created equal.

Lee, Harper. To Kill a Mockingbird, pg. 274 (1960).  Mockingbird is a timeless novel set in the fictional town of Maycomb, Alabama in the 1930’s.  Discrimination was the norm and “separate but equal” ruled the day.  Plessy v. Ferguson, 163 U.S. 537 (1896).  The words are from a different time, yet they apply directly to the laws being challenged in this Court.

You can find the answer brief in the Tampa same sex divorce appeal at the following link: 2D14-2384 Shaw Appellee’s Answer Brief.

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Attorney General Seeks to Prevent Tampa Same Sex Spouses’ Divorce

Florida Attorney General Pamela Bondi has filed a motion to intervene in my client’s same sex divorce matter.  The parties married in Massachusetts, moved to Florida, came to a full settlement agreement via the Collaborative Divorce Process, and asked a Hillsborough Judge to dissolve their marriage.  Their request was denied and their case dismissed.  The case is now in the Second District Court of Appeals.

The Tampa Tribune has reported the development as follows:

Attorney General Pam Bondi may be fighting to prevent same-sex couples from marrying in Florida, but she is also taking a legal position that has the effect of forcing gay couples who married elsewhere to stay married, lawyers in a Tampa case say.

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Florida Bar Family Law Section Moves To File Brief In Same Sex Divorce Appeal

The Family Law Section of the Florida Bar, representing over 4,000 attorneys and affiliate members, has decided to file a brief in a divorce appeal in favor of the right of same sex spouses in Florida to divorce.  The Family Law Section is joined by the American Academy of Matrimonial Lawyers (“AAML”) in what is believed to be the first same sex divorce case in Florida to challenge the state’s Defense of Marriage Act and constitutional amendment banning “gay marriage.”

As an attorney for one of the spouses – who were married in Massachusetts, moved to Florida, and filed for divorce in Hillsborough County – I welcome the support of the Family Law Section and AAML.

In their motion requesting permission to file an amicus brief, the Family Law Section and the AAML write the following:

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