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Third Florida Judge Rules Same-Sex-Marriage Ban Unconstitutional

“To discriminate based on sexual orientation, to deny families equality, to stigmatize children and spouses, to hold some couples less worthy of legal benefits than others based on their sexual orientation, to deny individuals tax credits, marital property rights, the ability to dissolve their unions from other jurisdictions is against all that this country holds dear, as it denies equal citizenship," Cohen wrote in his opinion. "Marriage is a well-recognized fundamental right—all people should be entitled to enjoy its benefits.”

Attorney General Pam Bondi, a Republican, will likely appeal the ruling–as she did in Miami-Dade and Monroe—but says she will review the case first.

Ironically, the case before Cohen wasn't one of a couple trying to marry, but to dissolve their union. Heather Brassner petitioned for divorce from an estranged partner in Broward County but because Florida does not recognize same-sex marriages or civil unions, there was a question as to whether Cohen could grant the divorce.  .

Another lawsuit in Tallahassee federal court seeks to overturn the marriage ban statewide, and to require Florida to recognize same-sex marriages performed out-of-state.

Virginia, meanwhile, announced that it will take its appeal of the ruling striking down the state's marriage equality ban all the way to the Supreme Court.

Attorney General Mark Herring said in a statement:

Throughout this case, I have fought for the fundamental rights of Virginians and the quickest possible resolution. I believe the district and appeals courts ruled correctly in striking down Virginia's discriminatory marriage ban, but it has long been clear that the Supreme Court will likely have the final word.

I want that decision to come as soon as possible and I want the voices of Virginians to be heard. This case has moved forward at an incredibly swift pace, and I look forward to a final resolution that affirms the fundamental right of all Virginians to marry."

The plaintiffs in the Virginia lawsuit, who are fighting for the freedom to marry, are being represented by Ted Olson and David Boies at the American Foundation for Equal Rights, the team who took down Prop 8.

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