Thursday, March 13, 2014
Eight same-sex couples
married in other states - including a couple from Palm Beach County -
have sued the state of Florida, insisting their marriages be
recognized here and that they qualify for public benefits and
protections enjoyed by heterosexual married couples.
The lead plaintiffs in the
complaint are Sloan Grimsley, 40, a firefighter and paramedic with
Palm Beach Gardens Fire Rescue, and her wife, Joyce Albu, 48, a
consultant to parents who have children with developmental disorders.
They live in Palm Beach Gardens and have four children, ages 23 to 2.
Eva
Rose Grimsley, 5, (left) held by mom Joyce Albu and Ella Grimsley, 2,
(right) held by mom Sloan Grimsley. Albu and Grimsley are part of an
ACLU suit in Florida. (Photo provided by Sloan Grimsley)
They
were married in New York City in August 2011, but Florida, which does
not allow same sex marriages, does not recognize their out of state
marriage as legal.
"I'm
proud of the work I do protecting my community, but the law in Florida
doesn't let me protect my own family," Grimsley said.
Albu
explained that under Florida law she is not recognized as Grimsley's
spouse so would not be eligible for spousal benefits if Grimsley were
badly injured or killed.
"If
something were to happen to Sloan in the line duty, I would be left to
raise our kids without any benefits whatsoever," Albu said.
Simon
said the ACLU is "seeking an America in which lesbian, gay, bisexual
and transgender people people can live ... free of discrimination, in
which their families can be respected and in which they are not subject
to discrimination in the work place or public accommodations."
Gov.
Rick Scott, a Republican, issued a statement, saying he supports
Florida's constitutional amendment defining marriage as between a man
and a woman, but added that he "does not believe that anyone should be
discriminated against for any reason." The statement stopped short of
endorsing the ACLU lawsuit, however.
ACLU
staff attorney Daniel Tilley laid out the legal claims made in the
complaint, based on the fact that while Florida recognizes the marriages
of heterosexual couples performed in other states, it won't do the
same for gay and lesbian couples.
"The
state of Florida's refusal to recognize the marriages of same sex
couples is unconstitutional under both the due process and equal
protection clauses of the U.S. Constitution," he said.
"The
eight couples in this lawsuit and countless married couples in Florida
want the same things in life you and I want," Tilley said. "These
couples love one another, they are devoted to one another, they share
life's ups downs, its joys and sorrows. Just like anyone else, they
want to make sure their families are protected."
The
lawsuit is one of many filed across the nation since June when the
Defense of Marriage Act,which barred the federal government from
recognizing same sex marriages, was ruled unconstitutional. Last month a
federal judge in Kentucky ordered state officials to recognize same
sex marriages performed in other states.
In
January, the advocacy group Equality Florida, representing six
same-sex couples, filed a lawsuit against the Miami-Dade County Clerk
Harvey Ruvin after his office refused to issue them marriage licenses,
citing state law. The lawsuit is pending. Florida made marriage
exclusive to heterosexual couples by an amendment to the Florida
Constitution in 2008, with 62 percent of voters supporting it. Critics
of the law say public attitudes toward same sex marriage have changed
markedly since then.
The
lawsuit charges not only that same sex spouses are denied benefits in
the case of serious injury or death of a husband or wife but that they
are also forced to testify against a spouse in court, while
heterosexual spouses are not; are denied rights to make health care
decisions for a spouse who is incapacitated; do not automatically share
in their spouse's estate if that spouse dies without a will; and is
not entitled to an equitable sharing of property if the marriage ends
in divorce.
Seven
of the couples suing the state are from South Florida and one from
Pensacola. Among them are Chuck Hunziker, 81, and Bob Collier, 79 of
Fort Lauderdale. Hunziker served in the Navy during the Korean war.
Collier reached the rank of captain in the Army and served during the
Vietnam War era. According to the lawsuit, they have been together for
50 years.
Albu
has one natural son, Connor, 18; one son she adopted before she met
Grimsley, Nick, 23; and two children they have adopted together; Ava,
5, and Ella, 2.
"Having
to explain to my older children why the state of Florida doesn't
recognize our marriage was difficult enough," Albu said. "It's the sort
of thing that makes kids feel insecure. I don't want to have to go
through the same thing with the younger two."
The Associated Press contributed to this story.
No comments:
Post a Comment