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April 24th, 2015, 01:03 PM
#1
So today this happened
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...5/2D14-761.pdf
Unlike almost everything I've done over the last 30 years, my name's actually on this, too.
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April 24th, 2015, 01:57 PM
#2
Nice work!
Great milestone. About time too!
The Law of Gravity is nonsense. No such law exists. If I think I float, and you think I float, then it happens.
Master Guitar Academy - I also teach via
SKYPE.
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April 24th, 2015, 02:16 PM
#3
Originally Posted by
Robert
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.
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April 24th, 2015, 03:29 PM
#4
Hey Brian - nice work! You made a little bit of history there! "The times they are a changin'...."
"GAS never sleeps" - Gil Janus
"Now you got to pay your dues. Get that axe and play the blues." - Spudman
Gear: Epiphone Sheraton II, Epiphone Wildkat, Epiphone Emperor Joe Pass, Fender MIM Strat, Tacoma DR-14, Johnson JR-200 resonator; Fender Super Champ XD amp
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April 24th, 2015, 05:39 PM
#5
Originally Posted by
tjcurtin1
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!
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April 25th, 2015, 08:07 AM
#6
Dude.......that is outstanding. Glad to see you are getting to do groundbreaking work. KUDOS!
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April 25th, 2015, 09:30 AM
#7
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!
"GAS never sleeps" - Gil Janus
"Now you got to pay your dues. Get that axe and play the blues." - Spudman
Gear: Epiphone Sheraton II, Epiphone Wildkat, Epiphone Emperor Joe Pass, Fender MIM Strat, Tacoma DR-14, Johnson JR-200 resonator; Fender Super Champ XD amp
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April 25th, 2015, 01:01 PM
#8
Congratulations. You must be justifiably proud.
helliott in Hamilton
Guitars -- 2 PRS CE 24s 85/15 pups, PRS semi-hollow CE 22, Fender Baja Telecaster; Gibson Les Paul Standard; 80s Strat updated with custom 69 pups, Anniversary Strat with Fat 50s, Epiphone Sheraton re-issue; Yamaha 5-string bass; Yamaha TBS 6 and 12 string acoustics,Takamine acoustic, Fender nylon string acoustic
Amps -- Mesa Boogie Lone Star; Boss Katana 100, Peavey Blueamaster 2x10, Line 6 Helix
Pedals etc: Mosfet Full Drive 2; Ibanez Tube Screamer; Fairfield Barbershop OD, Diamond Compressor; Voodo Sparkledrive, Boss Digital Delay DD7; Boss TU2 Chromatic Tuner; Cry Baby wah
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April 26th, 2015, 07:43 AM
#9
Originally Posted by
helliott
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.
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April 26th, 2015, 05:46 PM
#10
Right on Brian! I wasn't aware you were a fellow Floridian.
Sent from my iPhone using Tapatalk
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April 27th, 2015, 06:52 AM
#11
Originally Posted by
profgalen
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.
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April 27th, 2015, 08:29 AM
#12
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.
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April 27th, 2015, 09:46 AM
#13
Originally Posted by
Tig
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.
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.
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