ACLU sues, demands Florida recognize out-of-state gay marriages

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Sloan Grimsley and Joyce Albu. - PHOTO: ACLU of FLORIDA

The American Civil Liberties Union and the ACLU of Florida filed a lawsuit on March 12 in federal court on behalf of eight same-sex couples and SAVE, an LGBT rights organization based in South Florida. They are demanding the state recognize the couples’ marriages, which were performed in other states and are recognized by the federal government.

One of the couples — Sloan Grimsley, a firefighter from Palm Beach Gardens, and her wife Joyce Albu, a consultant assisting parents of children living with developmental disorders — are seeking protections for their children, the youngest of whom is 2. The women have been together for nine years and were married in August 2011 in New York.

"I’m proud of the work that I do protecting my community, but the law in Florida doesn’t let me protect my own family," said Grimsley in a news release. "We just want the peace of mind of knowing that those vows we took to care for one another aren’t dependent on where we are."

The other couples include:

• Lindsay Myers, a radio digital content producer, and her wife Sarah Humlie, the executive director of the Pensacola Humane Society.

• Chuck Hunziger and Bob Collier, both military veterans, who have been together for more than 50 years and live in Fort Lauderdale.

• Juan Del Hierro, the director of ministry empowerment for Unity on the Bay, and Thomas Gantt, Jr., a teacher, who live in Miami and have a 14 month-old son.

• Christian Ulvert, a political consultant, and Carlos Andrade, a media director, who married in Washington, DC in 2013 and are interested in raising a family.

• Richard Milstein, a family law attorney, and Eric Hankin, a Miami public school teacher, who have been together 12 years.

• Robert Loupo, a Miami-Dade Public Schools counselor, and John Fitzgerald, retired, who have been together 12 years.

• Sandra Jean Newson, a vice president at an agency that works to provide housing for formerly-homeless individuals, and Denise Hueso, a clinical care coordinator at the Alliance for GLBTQ Youth, who have a 15-year-old adopted child.

"Each of these couples has their own story of how the state’s discriminatory refusal to recognize their marriages has impacted their lives," said Daniel Tilley, LGBT rights attorney for the ACLU of Florida. "These eight couples have all the rights and responsibilities of marriage in the states where they exchanged vows, and the federal government recognizes their marriages as well. It’s time for Florida to stop the harmful practice of treating committed couples as if they are strangers."

Also named as a plaintiff is SAVE, formerly known as SAVE Dade, a South Florida-based organization that works to achieve rights and protections for people of all sexual orientations and gender identities.

"All around the country, loving couples enjoy the rights and responsibilities that come with a marriage fully recognized by their state, and it’s time Florida couples enjoyed that as well," stated Tony Lima, executive director of SAVE. "Why should couples who commit to love and care for one another lose protections for that relationship when they return to Florida? As representatives of the South Florida LGBT community, we believe all Floridians’ marriages deserve the same dignity and respect and stand proudly with the other plaintiffs in saying that the protections embodied by the promise of marriage shouldn’t disappear based on where you are."

The lawsuit names Gov. Rick Scott, Attorney General Pam Bondi, Florida Surgeon General and Secretary of Health John H. Armstrong and Secretary of the Florida Department of Management Services Craig J. Nichols as defendants.

The lawsuit was filed on March 12 in the U.S. District Court for the Northern District of Florida.

Plaintiffs are represented by attorneys for the ACLU and the ACLU of Florida, as well as Stephen Rosenthal of the Podhurst Orseck law firm.

"Our historic victory in last year’s Supreme Court case striking down DOMA means that many loving and committed Floridians have marriages that are recognized by the federal government," said ACLU of Florida executive director Howard Simon."Sadly, Florida refuses to recognize those marriages, often at significant cost to their families. The time has come for Florida to end its discrimination against same sex couples, including those whose marriages are legally recognized elsewhere in our country and by the federal government."