Dissolving Homosexual Marriage Furthers State Policy of Not Recognizing Homosexual Marriage.

The plaintiffs were lesbians that were married under Massachusetts law.  They later moved to Florida, a state that, based on the health, safety and welfare of its citizens, enacted a statutory provision barring homosexuals from marrying each other.  Florida also does not recognize as valid homosexual marriages entered into in any other state or other jurisdiction.  One of the couple sought a divorce and the trial court refused to grant it because Florida did not recognize homosexual marriage.  On appeal, the court reversed.  The court specifically noted that granting the divorce would further Florida’s public policy to “prevent, eliminate, discourage or otherwise preclude” homosexual marriage in Florida by reducing the number of such marriages in Florida.  Refusing to grant the divorce, the court noted, would not further Florida’s legitimate public policy of not recognizing homosexual marriage.  Brandon-Thomas v. Brandon-Thomas, No. 2D14-761, 2015 Fla. App. LEXIS 6051 (Fla. Ct. App. Apr. 24, 2015).