University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Shaw v. Shaw PB-FL-0018
Docket / Court 14-DR-000666 ( State Court )
State/Territory Florida
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
In January 2014, one partner in a same-sex marriage filed a divorce petition in a Florida trial court. The couple reached an agreement through a collaborative divorce process, and then on March 27, 2014, filed an amended petition, with their settlement agreement attached. Both spouses were ... read more >
In January 2014, one partner in a same-sex marriage filed a divorce petition in a Florida trial court. The couple reached an agreement through a collaborative divorce process, and then on March 27, 2014, filed an amended petition, with their settlement agreement attached. Both spouses were represented by private counsel; they requested that the court recognize their Massachusetts marriage, so they could file for divorce in Florida. They challenged Florida's same-sex marriage ban arguing that the ban violated constitutional guaranties including full faith and credit, access to courts, equal protection, and the right to travel. The Women's Law Group later joined one of the legal teams.

On May 9, 2014, the court (Judge Laura Moore Lee) dismissed the amended petition because same-sex marriages were not recognized in the state. The next day, the parties appealed, both requesting an immediate decision.

On August 27, 2014, the appellate court voted to send the case directly to the Florida Supreme Court for a state-wide ruling on same-sex marriage ban. Shaw v. Shaw, 2014 WL 4212771 (D.Ct.A.Fl.2nd.2015). However, on September 5, 2014, the Florida Supreme Court declined to hear the case; it held that the matter was not one of great public importance and remanded it to the Court of Appeals. Shaw v. Shaw, 2014 WL 4403366 (Fla. S.Ct. 2014)

In the meantime, another same-sex marriage case, Brenner v. Scott (PB-FL-0015 in this Clearinghouse) was being litigated in the federal courts. That case resulted in a federal court order legalizing same-sex marriage on January 6, 2015. Accordingly, in this case, on June 30, 2015, the Court entered the parties' judgment for divorce.

Katherine Reineck - 03/29/2015
Beth Richardson - 07/24/2015


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Full faith and credit
Right to travel
Discrimination-basis
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action State law
Defendant(s) The State of Florida
Plaintiff Description A same-sex couple married in Massachusetts filing for divorce in Florida.
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Divorce
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2015 - n/a
Case Closing Year 2015
Case Ongoing No
Additional Resources
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  William G. v. Pataki
http://www.bazelon.org/william-g-v-pataki/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Disability Rights New Jersey v. Velez
http://www.bazelon.org/drnj-v-velez/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Williams v. Quinn
http://www.bazelon.org/williams-v-quinn/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. Commonwealth of Virginia
http://www.bazelon.org/u-s-v-virginia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. North Carolina
http://www.bazelon.org/u-s-v-north-carolina/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  U.S. v. Georgia
http://www.bazelon.org/u-s-v-georgia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  O'Toole v. Cuomo [Formerly DAI v. Cuomo]
http://www.bazelon.org/otoole-v-cuomo/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Amanda D. v. Hassan
http://www.bazelon.org/amanda-d-v-hassan/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
14-DR-000666 (State Trial Court)
PB-FL-0018-9000.pdf | Detail
Date: 06/30/2015
Source: State Court Website
General Documents
Amended Petition for Dissolution of Marriage (Collaborative Settlement Agreement)
PB-FL-0018-0002.pdf | Detail
Date: 03/17/2014
Certification of Order Requiring Immediate Resolution by the Supreme Court (177 So.3d 977)
PB-FL-0018-0001.pdf | WESTLAW| LEXIS | Detail
Date: 08/27/2014
[S.Ct.FL Opinion] (151 So.3d 1228)
PB-FL-0018-0003.pdf | WESTLAW| LEXIS | External Link | Detail
Date: 09/05/2014
Order, District Court of Appeal of Florida, Second District (166 So.3d 892)
PB-FL-0018-0004.pdf | WESTLAW| LEXIS | External Link | Detail
Date: 05/29/2015
Source: Westlaw
Judges Altenbernd, Chris W. (State Appellate Court)
PB-FL-0018-0001
Black, Anthony K. (State Appellate Court)
PB-FL-0018-0001
Canady, Charles Court not on record
PB-FL-0018-0003
Casanueva, Daryl C. (State Appellate Court)
PB-FL-0018-0001
Crenshaw, Marva L. (State Appellate Court)
PB-FL-0018-0001
Kelly, Patricia J. (State Appellate Court)
PB-FL-0018-0001
Khouzam, Nelly (State Appellate Court)
PB-FL-0018-0001
Labarga, Jorge (State Supreme Court)
PB-FL-0018-0003
Lewis, R. Fred (State Supreme Court)
PB-FL-0018-0003
Morris, Robert (State Appellate Court)
PB-FL-0018-0001 | PB-FL-0018-0004
Pariente, Barbara J. (State Supreme Court)
PB-FL-0018-0003
Perry, James E.C. (State Supreme Court)
PB-FL-0018-0003
Polston, Ricky (State Supreme Court)
PB-FL-0018-0003
Quince, Peggy A. (State Appellate Court, State Supreme Court)
PB-FL-0018-0003
Silberman, Morris (State Appellate Court)
PB-FL-0018-0001
Sleet, Daniel H. (State Appellate Court)
PB-FL-0018-0001
Villanti, Craig C. (State Appellate Court)
PB-FL-0018-0001 | PB-FL-0018-0004
Wallace, Douglas A. (State Appellate Court)
PB-FL-0018-0001 | PB-FL-0018-0004
Plaintiff's Lawyers Rahall, Brett R. (Florida)
PB-FL-0018-0002
Defendant's Lawyers Cordover, Adam B. (Florida)
PB-FL-0018-0002

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