Brandon-Thomas v. Brandon-Thomas
| Decision Date | 24 April 2015 |
| Docket Number | No. 2D14–761.,2D14–761. |
| Citation | 163 So.3d 644 |
| Parties | Danielle BRANDON–THOMAS, Appellant, v. Krista BRANDON–THOMAS, Appellee, and State of Florida, Intervenor/Appellee. |
| Court | Florida District Court of Appeals |
Luis E. Insignares and Brian J. Kruger of Luis E. Insignares, P.A., Fort Myers, for Appellant.
Michael E. Chionopoulos, Fort Myers, for Appellee.
Pamela Jo Bondi, Attorney General, and Allen Winsor, Solicitor General, and Adam S. Tanenbaum, Chief Deputy Solicitor General, Tallahassee, for Intervenor/Appellee.
Danielle Brandon–Thomas and Krista Brandon–Thomas1 are a same-sex couple who were legally married in Massachusetts in October 2012. They subsequently moved to Florida. Once here, the marriage soured, and Danielle filed a petition for dissolution of marriage in October 2013.2 Krista opposed the petition, arguing that because Florida did not recognize same-sex marriage, the court had no jurisdiction to dissolve the marriage even though it had been legally entered into in another state. She pointed to section 741.212, Florida Statutes (2013), commonly known as Florida's Defense of Marriage Act, in support of her argument.3 The trial court concluded that it was bound by section 741.212 and dismissed the petition. Danielle now appeals that dismissal. Consistent with the requirements of the Full Faith and Credit Clause of the United States Constitution, we reverse.
The Full Faith and Credit Clause provides that “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” Art. VI, § 1, U.S. Const. This clause requires each state to recognize judgments obtained in the courts of other states to prevent one state from selectively enforcing the laws of the others. See Trauger v. A.J. Spagnol Lumber Co., 442 So.2d 182, 183 (Fla.1983) (citing Morris v. Jones, 329 U.S. 545, 67 S.Ct. 451, 91 L.Ed. 488 (1947) ). By requiring each state to respect the laws and actions of the other states, the Constitution “alter[ed] the status of the several states as independent foreign sovereignties, each free to ignore the obligations created under the laws or by the judicial proceedings of the others, and [made] them integral parts of a single nation throughout which a remedy upon a just obligation might be demanded as of right, irrespective of the state of its origin.” Milwaukee Cnty. v. M.E. White Co., 296 U.S. 268, 277, 56 S.Ct. 229, 80 L.Ed. 220 (1935). And while neither Florida nor any other state is required to give full faith and credit to another state's laws and judgments that conflict with that state's legitimate public policy, see, e.g., Nevada v. Hall, 440 U.S. 410, 422, 99 S.Ct. 1182, 59 L.Ed.2d 416 (1979) (); Johnson v. Lincoln Square Props., Inc., 571 So.2d 541, 542 (Fla. 2d DCA 1990) (), the Full Faith and Credit Clause “ought not lightly to be set aside.” Milwaukee Cnty., 296 U.S. at 277, 56 S.Ct. 229.
Thus, there are circumstances in which a state might seek to give full faith and credit to some out-of-state laws and judgments but not others, based on public policy considerations. But a state may not do so in a manner that runs afoul of the Equal Protection Clause of the United States Constitution.4 Under the Equal Protection Clause, persons who are similarly situated may not be classified and treated differently because “the Constitution ‘neither knows nor tolerates classes among citizens.’ ” Romer v. Evans, 517 U.S. 620, 623, 116 S.Ct. 1620, 134 L.Ed.2d 855 (1996) (quoting Plessy v. Ferguson, 163 U.S. 537, 559, 16 S.Ct. 1138, 41 L.Ed. 256 (1896) (Harlan, J., dissenting)). Further, the substantive component of the Due Process Clause5 also acts to limit state authority to enact measures that impinge on fundamental rights, even if enacted with appropriate procedural safeguards. Brenner v. Scott, 999 F.Supp.2d 1278, 1287 (N.D.Fla.2014).
Under the Due Process Clause, we apply strict scrutiny in reviewing governmental action that infringes upon fundamental rights. See Brenner, 999 F.Supp.2d at 1287. Thus, the law will survive constitutional challenge only if it is “narrowly tailored to serve a compelling state interest.” Washington v. Glucksberg, 521 U.S. 702, 721, 117 S.Ct. 2258, 138 L.Ed.2d 772 (1997) (quoting Reno v. Flores, 507 U.S. 292, 302, 113 S.Ct. 1439, 123 L.Ed.2d 1 (1993) ); see State v. J.P., 907 So.2d 1101, 1110 (Fla.2004). Under the Equal Protection Clause, we also apply strict scrutiny in reviewing governmental action that infringes upon fundamental rights or discriminates based on suspect classifications. See id.
If the right is not fundamental, we subject the alleged constitutional infringement to a rational basis review. See id. Under the rational basis standard, “a law will be sustained if it can be said to advance a legitimate government interest, even if the law seems unwise or works to the disadvantage of a particular group, or if the rationale for it seems tenuous.” Romer, 517 U.S. at 632, 116 S.Ct. 1620. Under both due process and equal protection analysis, the first step is to determine whether the asserted right is fundamental. Brenner, 999 F.Supp.2d at 1287.
Under Florida law, sexual orientation is not a protected class entitled to strict-scrutiny analysis. D.M.T. v. T.M.H., 129 So.3d 320, 341–42 (Fla.2013). It follows that the right of a same-sex couple to seek a dissolution of marriage in Florida, when they were validly married in another state but now live in Florida, is not a fundamental right for federal constitutional purposes. Thus, Florida bears the burden of presenting only a rational basis for its classification. See United States v. Windsor, –––U.S. ––––, 133 S.Ct. 2675, 2716–17, 186 L.Ed.2d 808 (2013).6 To meet this burden, the state must only have a legitimate purpose for the law or statute at issue. FCC v. Beach Commc'ns, Inc., 508 U.S. 307, 313, 113 S.Ct. 2096, 124 L.Ed.2d 211 (1993). Said another way, such a classification will pass constitutional muster “if there is any reasonably conceivable state of facts that could provide a rational basis for the classification.” Id.
In applying this standard, we note that the State of Florida regularly recognizes heterosexual marriages validly performed in other jurisdictions as legitimate, and it entertains dissolution proceedings filed by heterosexual couples who were legally married in all other states, as well as in other countries. Florida also recognizes common law marriages entered into in states that accept common law marriages, even though Florida itself does not recognize common law marriages contracted for in Florida after 1968.See Smith v. Anderson, 821 So.2d 323, 325 (Fla. 2d DCA 2002).
Both Krista and the Attorney General take the position that Florida need not afford full faith and credit to legal out-of-state same-sex marriages because they violate Florida's public policy as set forth in section 741.212 and article I, section 27 of the Florida Constitution.7 They contend that a Florida court cannot dissolve such a marriage because to do so would effectively provide recognition to the marriage, contrary to Florida's public policy.
Neither Krista nor the Attorney General specifically address what legitimate purpose might be the basis for precluding a Florida court from exercising jurisdiction to dissolve a same-sex marriage legally entered into outside of Florida. Krista refers to “a societal inducement for opposite-sex couples to marry, thus decreasing the percentage of children accidentally conceived outside of a stable, long-term relationship.” But this argument seems to ignore the biological fact that same-sex couples do not contribute to the problem of children “accidentally conceived” outside of a stable, long-term relationship because, as a matter of pure biology, same-sex couples simply cannot “accidentally conceive” children. Moreover, as the Seventh Circuit Court of Appeals recently pointed out, “if channeling procreative sex into marriage were the only reason [to] recognize[ ] marriage, the state would not allow an infertile person to marry.” Baskin v. Bogan, 766 F.3d 648, 661 (7th Cir.2014).
The Attorney General identifies a different legitimate purpose, arguing that Florida's refusal to recognize same-sex marriage properly furthers Florida's long-standing history of defining marriage as being between a man and a woman. However, refusing to allow Florida's courts to exercise jurisdiction to dissolve same-sex marriages will not further this stated public policy in any manner. In fact, refusing to allow the dissolution of these marriages seemingly contravenes Florida's public policy. If the policy is to prevent, eliminate, discourage, or otherwise preclude same-sex marriage in Florida, permitting the courts to dissolve same-sex marriages that have been previously entered into in other states would arguably further that policy by reducing the number of same-sex married couples in Florida. More to the point, the Attorney General also does not address what public purpose might be served by precluding the dissolution of marriage of same-sex couples who were lawfully married outside of Florida but who now legally reside in Florida.
The practical impact of the trial court's order is that a validly married couple, albeit of the same sex, cannot access a Florida court to undo their marriage. The couple's financial affairs remain intertwined, and their joint assets, if any, are not easily transferred. The trial court's order impedes the flow of assets and capital. Particularly significant, the welfare and stability of a child parented by this couple remains in limbo. The fact that a child is involved implicates Florida's strong public policy to protect children by...
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