The lawsuit is thought to be the first formal challenge to a state law that denies marriage licenses for same-sex couples.
By Associated Press
Published February 26, 2004
FORT LAUDERDALE - A group of 175 gay men and women sued a court clerk Wednesday, challenging the Florida law prohibiting them from obtaining marriage licenses.
The lawsuit filed in Broward County court is thought to be the first formal legal challenge to the state law specifying that a marriage license may be issued only to a couple who are male and female.
"An idea whose time has come can never be stopped," said attorney Ellis Rubin, representing the plaintiffs. "This idea's time is now."
The suit names Broward Court Clerk Howard Forman as a defendant. He issues wedding licenses in the county.
"We're people, human beings, American citizens. We pay our taxes," said James Stewart, a retired teacher. "It's an old cliched line, but you know what? If we're going to pay our taxes, we deserve every right that should be granted to every American citizen."
A national furor over the issue was sparked by a recent Massachusetts Supreme Court ruling that it is unconstitutional for that state to bar gay couples from marrying, and by the decision of officials in San Francisco to issue marriage licenses to homosexual couples, in defiance of California law. President Bush on Tuesday urged Congress to approve a constitutional amendment banning gay marriage.
Same-sex unions are not recognized in this state, one of 38 states formally banning them.
A spokesman for Gov. Jeb Bush on Wednesday reaffirmed the governor's belief that "marriage should be between a man and a woman."
"We've had a law on the books in Florida since 1977 banning gay marriage and the governor took an oath of office to uphold the laws of the state," spokesman Jacob DiPietre said.
Some Florida cities and counties recognize certain aspects of personal commitments outside the parameters of traditional marriage. Employees of Broward County are eligible to have their same-sex partner covered by their health insurance and other benefits typically extended to marital spouses.
