Federal Judge Issues Final Order Confirming FL's Marriage Ban Is Unconstitutional

Update on Florida's Birth Certificate Lawsuit

Florida Judge Hinkle issued a final order in Brenner v. Scott on March 30, 2016 that states Florida’s ban on marriage for same-sex couples is unconstitutional. Judge Hinkle has offered crystal clear certainty that ALL government officials in Florida must treat same-sex couples equally in all cases.

The state of Florida is breaking the law every single day that they continue to deny married same-sex couples accurate birth certificates. We expect Judge Hinkle to issue a clear order regarding birth certificates very soon, and this recent order demonstrates his strong support for equal treatment of LGBT families under the law.

From the order: “[T]he answer should be easy. The statutory reference to “husband” cannot prevent equal treatment of a same-sex spouse. So, for example, in circumstances in which the Surgeon General lists on a birth certificate an opposite-sex spouse who is not a biological parent, the Surgeon General must list a same-sex spouse who is not a biological parent.”

Read Judge Hinkle's full order by clicking here.

Hinkle has confirmed what we have always known to be true: same-sex couples won the right to access every benefit and protection of marriage, including the right of a spouse to be listed on their baby’s birth certificate. This ruling strongly supports our separate birth certificate lawsuit, and we look forward to Judge Hinkle’s ruling in that case, which we expect will directly order the Department to do what they should have been doing all along.

For more information and answers to your LGBT family law questions, visit: eqfl.org/family_recognition.

The Chin Family (Plaintiffs in FL Birth Certificate Lawsuit)