L A W
Legalization of
Same Sex Marriages
By K. Dean Kantaras and Jennifer H. Cavill
UNTIL JUNE, 2015, SAME SEX
marriages were legal in some states,
but not all. Additionally, not every
state would recognize a same sex marriage
that was lawfully entered into in another
jurisdiction. Florida is one of them. In fact,
the Florida Constitution, Article I, Section
27 states: “Marriage defined.—Inasmuch as
marriage is the legal union of only one man
and one woman as husband and wife, no
other legal union that is treated as marriage
or the substantial equivalent thereof shall
be valid or recognized.” Furthermore,
§741.212, Florida Statutes holds, in part,
“(1) Marriages between persons of the
same sex entered into in any jurisdiction,
whether within or outside the State of
Florida, the United States, or any other
jurisdiction, either domestic or foreign, or
any other place or location, or relationships
between persons of the same sex which are
treated as marriages in any jurisdiction,
whether within or outside the State of
Florida, the United States, or any other
jurisdiction, either domestic or foreign,
or any other place or location, are not
recognized for any purpose in this state.”
Consequently, until recently, Florida did
not recognize same sex marriages, even if
they were entered into in a jurisdiction in
which same sex marriages are legal, and
Florida would not permit any issuance
of marriage licenses to same sex couples.
However, in 2014, the case of Brenner
v. Scott, 999 F. Supp. 2d 1278, 1293 (N.D.
Fla. 2014) held that Article I, Section 27
of the Florida Constitution and §741.212,
Florida Statutes were unconstitutional
and, therefore, that the ban on same sex
marriages was unconstitutional. The case
then went on appeal and was placed on
hold, pending action by the United States
Supreme Court.
On June 26, 2015, the United States
Supreme Court rendered its opinion in
Obergefell v. Hodges, 135 S. Ct. 2584 (2015)
where it ultimately ruled that all states
must license a marriage of the same sex
so long as the marriage is lawfully entered
2015), the 2nd DCA held that a same sex
partner failed to establish a legitimate
government interest that would be served
by precluding the court from exercising
jurisdiction over the dissolution of same
sex marriages. K. Dean Kantaras, P.A.
handles all aspects of same sex marriage
family law cases. For more information
on rights and responsibilities involved
with same sex marriages, including, but
not limited to, antenuptial or postnuptial
agreements, timesharing issues, child
support, equitable distribution and/or
dissolution of marriage, contact K. Dean
Kantaras, P.A. at 727-781-0000.
9
EDITOR’S NOTE: K. Dean Kantaras has been
licensed to practice law in Florida for over
eighteen years. Mr. Kantaras is the managing
partner of K. Dean Kantaras, P.A., a firm
handling cases in family law and immigration.
Mr. Kantaras is board certified in marital and
family law by the Florida Bar, a distinction
held by less than one percent of all attorneys
licensed to practice in Florida. He is “A” rated
by Martindale-Hubbell, the highest possible
rating. He is a member of the Supreme Court
of the United States, the United States Court
of Appeals for the 11th Circuit and Middle
District, The Florida Bar, and the Clearwater
Bar Association. His offices are located at 3531
Alternate 19, Palm Harbor, 34683, (727) 781-0000
and 1930 East Bay Drive, Largo, 33771,
(727) 544-0000. www.Kantaraslaw.com.
Jennifer Cavill, Esq. is an Associate Attorney
at the firm. She is a member of the Florida Bar,
the United States District Court-Middle
District of Florida, Clearwater Bar and St.
Petersburg Bar Associations and Canakaris
Inn of Court.
K. Dean Kantaras, Esq.
into. In its ruling, the Supreme Court held
that “the right to marry is a fundamental
right inherent in the liberty of the person,
and under the Due Process and Equal
Protection Clauses of the Fourteenth
Amendment couples of the same-sex
may not be deprived of that right and that
liberty. The Court now holds that samesex
couples may exercise the fundamental
right to marry. No longer may this liberty
be denied to them.” The Supreme Court
also ruled that “there is no lawful basis for
a State to refuse to recognize a lawful samesex
marriage performed in another State
on the ground of its same-sex character.”
As such, Article I, Section 27 of the Florida
Constitution and §741.212, Florida Statutes
are unconstitutional under Obergefell v.
Hodges, 135 S. Ct. 2584 (2015).
Not only does Florida now recognize
same sex marriages, but same-sex couples
may seek a dissolution of marriage in
Florida. In Brandon-Thomas v. Brandon-
Thomas, 163 So. 3d 644, 647 (Fla. 2nd DCA
128 TAMPA BAY MAGAZINE NOVEMBER/DECEMBER 2015