Family Law Section to weigh in on same-sex divorce in Florida.

Can a lesbian couple married in another state get a divorce in Florida?

The Family Law Section has been given permission by the Bar Board of Governors to file an amicus brief in an appeal of 13th Circuit Judge Laurel Lee's order, where she said she lacked authority under the Florida Constitution and state law to grant divorces to same-sex couples. The section is arguing another provision in the state constitution--as well as the 14th Amendment of the U.S. Constitution --does give the judge the authority to handle the matter.

Bar President Greg Coleman said the Bar is concerned with access to the courts, not the social issues surrounding same-sex marriage. He also emphasized that the Bar as a whole cannot address the issue, but it does fall within the purview of the section.

"This is not, will not, and cannot be a comment on the social issue of gay marriage," he told the board. "This is purely a look at a legal issue that is within the province of the Family Law Section."

A same-sex couple who gets married in another state and then moves to Florida, as Florida residents, must seek a divorce in Florida courts, he said. The only other option is to move to another state that recognizes same-sex marriage and establish residency there, which may not be an option for many.

"If they don't have access to our Florida courts, being Florida residents for a number of years, they literally have no access to the courts," Coleman said. "This, in my view, is a pure issue of access, something which our oath as Florida lawyers requires us to ensure for all citizens of the state of Florida."

The Family Law Section will advocate using its own voluntary fees and must clearly distinguish itself from The Florida Bar when furthering its position.

The case, Shaw v. Shaw, 2d14-2384, is now pending in the Second District Court of Appeal. It involves two women who were married in Massachusetts in 2010 after that state legalized gay marriages. They filed for divorce in the 13th Circuit in January and went through a collaborative divorce process, which resulted in a voluntary settlement agreement in March.

In a May 9 ruling, Judge Lee said she was without authority to grant the divorce. The judge noted, in 2008, voters approved Fla. Const, art. 1, [section]27, defining marriage as between one man and one woman, and that "no other legal union that is treated as marriage or the substantial equivalent shall be valid or recognized."

Judge Lee held that the Florida...