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Brian Krashpad
April 24th, 2015, 01:03 PM
This isn't about politics. It's about law, and I'm not here to debate the relative merits of anything. Just a personal milestone of sorts.

Although, as a practical matter, marriage equality came to Florida in January, at least for parties wishing to get married here, to date no Florida appellate court had expressly ruled that the Constitution requires marriage equality in the Sunshine State.

That changed TODAY.

In our case, Brandon-Thomas v. Brandon-Thomas, the trial court dismissed a divorce suit based on a same-sex marriage celebrated in another state, based on our state prohibitions of same-sex marriage.

Today that dismissal was REVERSED, and the Second District Court of Appeal declared that marriage equality is required by the Constitution, in the context of parties who wish to be divorced. In the absence of some other DCA holding otherwise, this opinion is binding precedent throughout Florida!

I am so happy for our client, and for all Floridians, who will now be treated with the same respect and dignity, regardless of their gender or sex, regarding the recognition of their right to marry.

Here is the historic opinion, in its full text:

http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/April/April%2024,%202015/2D14-761.pdf

Unlike almost everything I've done over the last 30 years, my name's actually on this, too.

https://fbcdn-sphotos-e-a.akamaihd.net/hphotos-ak-xfa1/v/t1.0-9/11170358_10153233663938879_4531668825826107415_n.j pg?oh=3a200ed9fbdaaf33a4cae83c2a2d0ea8&oe=55E2922E&__gda__=1441048003_f994f21c49df65ad67be2bfa1e28778 f
Robert
April 24th, 2015, 01:57 PM
Nice work!

Great milestone. About time too!
Brian Krashpad
April 24th, 2015, 02:16 PM
Nice work!

Great milestone. About time too!

Thanks Robert. It was truly an honor to get to write the briefs in this case. Our client hasn't seen the parties' child for over a year now, because we had to take this appeal.

It's really quite sad. I'm glad the divorce can go forward now, and hopefully our client can re-establish some kind of parental bond with the child.
tjcurtin1
April 24th, 2015, 03:29 PM
Hey Brian - nice work! You made a little bit of history there! "The times they are a changin'...."
Brian Krashpad
April 24th, 2015, 05:39 PM
Hey Brian - nice work! You made a little bit of history there! "The times they are a changin'...."

Thanks TJ. It's possible that this could be the biggest case I get a chance to work on, ever. A lot of lawyers go their whole career without even a possibility of an opportunity like that.

In the last 2 years, with my new boss, I have done a TON of "firsts" for me: I wrote a brief (along with him and couple others) in a different case (involving gay adoption) on behalf of the 4,000 member Family Law Section of the FL bar, authored a chapter update in the leading FL family law treatise (inventively entitled "Florida Dissolution of Marriage"), authored an article in the FL Bar Journal (to be published in June 2015), and was a speaker at a FL Bar Continuing Legal Education seminar, for the first time for me. I'm really pushing my boundaries, haha!
piebaldpython
April 25th, 2015, 08:07 AM
Dude.......that is outstanding. Glad to see you are getting to do groundbreaking work. KUDOS!
tjcurtin1
April 25th, 2015, 09:30 AM
Hey, it's great to keep pushing those boundaries as long as you are up and running - no good just sitting on your laurels (to put it in polite terms!). COngrats on all the good work!
helliott
April 25th, 2015, 01:01 PM
Congratulations. You must be justifiably proud.
Brian Krashpad
April 26th, 2015, 07:43 AM
Congratulations. You must be justifiably proud.

Thanks fellers.

It's really humbling to be able to do this kind of work. As previously mentioned, this client has not seen her son in over a year as a result of her wife packing up and fleeing to another state, so we're hoping to rectify that soon.

But frankly that will raise another important legal issue which is not settled and could potentially result in a second appeal: it is our position that, just like in a traditional marriage (where a husband is presumed the father of his wife's children born during coverture, even if he is not the biological father), where 2 women marry and one has a child during the marriage, the non-childbearing woman is also legally the child's parent, even if she is not biologically "related" to the child. That was the intention of the spouses here, and we intend to do our best to ensure that that result obtains.
profgalen
April 26th, 2015, 05:46 PM
Right on Brian! I wasn't aware you were a fellow Floridian.


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Brian Krashpad
April 27th, 2015, 06:52 AM
Right on Brian! I wasn't aware you were a fellow Floridian.


Sent from my iPhone using Tapatalk

Thanks, yeah I'm physically located in Gainesville, but I telecommute to an office in Ft. Myers.

http://www.floridabar.org/DIVADM/ME/MPPhotos.nsf/ListAll/396310/$FILE/396310BKatORLfamlawsectionCLEnoBorders4FlaBarDotOr g.jpg
Tig
April 27th, 2015, 08:29 AM
Really cool work, Brian! The progression of the world is a slow process, but it takes committed fighters like you to continue the effort.
I'll stop here to avoid any political discussion.

:applause
Brian Krashpad
April 27th, 2015, 09:46 AM
Really cool work, Brian! The progression of the world is a slow process, but it takes committed fighters like you to continue the effort.
I'll stop here to avoid any political discussion.

:applause

Thanks Tig. I know there are some folks who don't want the change I do. I don't want to debate them, because they've pretty much made up their minds, as have I. Only time tells which side is on the right side of history.

;)