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Category: Same-Sex Couples

The DOMA Decision, and Same-Sex Marriage in Florida

The United States Supreme Court recently handed down it’s decision in the DOMA (Defense of Marriage Act) case, and ruled that the Federal government cannot deny the status of married, when applying federal laws and programs to same-sex couples legally married under the laws of their state. You can find the full text of the decision at this link United States v. Windsor. The decision does not rule on the right of a state to ban same-sex marriage and is based on the historical rights of the states to define marriage, but many parts of the decision are relevant to a state like Florida’s ban on same-sex marriage. The decision also brings to the fore-front the issue of a state’s refusing to recognize marriages from another state. Florida Statues Section 741.04 prohibits issuance of a marriage license for same-sex couples. Section 741.212 defines marriage as between a man and a

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Maternal Rights of Same-Sex Partners – T.M.H. v. D.M.T (Part II)

Continued from Part I. The Court ruled in T.M.H. v. D.M.T, that Florida’s statute prohibiting gay or lesbian prospective parents from adopting a child, does not operate to take away the maternal rights of a biological or birth mother. That seems like a common sense ruling, like the ruling that TMH was clearly not a “donor”, but both were major issues in the case. There was a dissenting Judge in the case who wrote an opinion stating that under Florida law, TMH — the biological mother, had lost her rights as a parent. Another important issue in the case was whether TMH had waived her rights as a parent, by signing a waiver form at the reproductive clinic — the form basically provided that TMH waived any rights she might have as a parent regarding any child resulting from her donation of her ova. The court ruled that this waiver

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Maternal Rights of Same-Sex Partners – T.M.H. v. D.M.T, A Florida Case of “First Impression”

The Fifth District Court of Appeals in Florida – the appeals court covering the north/central part of the State, recently decided T.M.H. v. D.M.T, 79 So. 3d 787 (Fla. 5th D.C.A., December 23, 2011), a case dealing with the parental rights of lesbian partners. In this case the partners decided to have a child together – one partner, TMH’s egg was fertilized and implanted by in-vitro fertilization in DMT. The child was born in 2004; the parties lived together for approximately 2 ½ years and raised their child together, and separated in 2006, but continued co-parenting for another 1 ½ years. The parents’ relationship deteriorated, and DMT moved out of the country and cut off TMH’s contact with the child. The Court described the case as a case of “first impression”, i.e. an issue that had not been decided yet by Florida’s appellate courts, and ruled that both parents –

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