Gay couples file federal lawsuit seeking same-sex marriage recognition in Florida
MIAMI BEACH, Florida (AP) — Eight gay couples and a top civil rights group have sued the state of Florida, arguing it is discriminating against the couples by not recognizing same-sex marriages performed in states where they are legal.
The lawsuit is the latest in a groundswell of challenges in America's divisive gay marriage debate. Within the last 30 days, suits similar to the one in Florida have been filed in Alabama and Indiana. In Kentucky, a federal judge ordered the state to recognize same-sex marriages performed legally in other states and countries.
Seventeen states and Washington, D.C. allow gay marriage.
Sandra Newson, who is a plaintiff in the Florida lawsuit with her wife Denise Hueso, said the couple moved to Massachusetts from Miami so they could get married in 2009. They adopted a son, now 15, who has cerebral palsy and they decided to move back to South Florida, where they had more family to help care for him.
When they moved back, they lost legal recognition of their marriage and began encountering a host of difficulties, such as having to prove they are their son's parents during hospital stays and battling auto insurance companies for seemingly mundane things such as the marriage discount.
Newson said current Florida law undermines the commitment she and her partner made to each other.
Howard Simon, Executive Director of the American Civil Liberties Union of Florida, said same-sex couples suffer discrimination in many ways. Examples include problems getting spouses covered by health insurance, difficulties with inheritance rules and retirement benefits, and problems with workers' compensation benefits.
"There is no rational reason for the discrimination that Florida inflicts on married couples," Simon said.
The lawsuit, filed late Wednesday in federal court, names Gov. Rick Scott and other top Florida officials. It asks a judge to declare Florida's refusal to recognize same-sex marriages as an unconstitutional violation of equal protection and due process rights, said ACLU attorney Daniel Tilley. The lawsuit also asks for a ruling requiring the state to recognize the marriages performed elsewhere.
State officials did not immediately respond to requests for comment.
A separate lawsuit filed earlier this year in Miami-Dade Circuit Court is challenging the ban on same-sex marriage that Florida voters added to the state constitution in 2008, one of many similar legal challenges around the country.
Several federal judges have issued rulings in support of same-sex marriage since the U.S. Supreme Court's decision in June struck down part of the federal anti-gay marriage law. Two of the rulings — striking down same-sex marriage bans in Utah and Oklahoma — are being appealed to a federal appeals court in Denver.
Joining the ACLU and the gay couples in the Florida lawsuit is the SAVE organization, which advocates for rights and protections for people of all gender identities.
Follow Curt Anderson on Twitter: http://twitter.com/Miamicurt