Federal Government to Recognize Same Sex Marriages Performed in Utah

For 17 days, same sex marriages were legally performed in Utah.  On December 20, 2013, a federal district court struck down Utah’s Defense of Marriage Act (“DOMA”) which, similarly to Florida’s DOMA, recognizes marriage as only between one man and one woman.  Over 1300 Utah gay and lesbian couples took advantage of their newly recognized right to marry when, on January 6, 2014, the U.S. Supreme Court stepped in to pause marriage equality in Utah pending appeal.

Related:  Five Legal Steps Florida LGBT Parents Should Take

Despite the legal seesaw regarding the status of same sex marriage in Utah, the Washington Post cites U.S. Attorney General Eric Holder as stating that those couples who were married during that 17 day period would be recognized by the federal government and receive federal marriage benefits.

According to Holder, “These families should not be asked to endure uncertainty regarding their status as the litigation unfolds.  In the days ahead, we will continue to coordinate across the federal government to ensure the timely provision of every federal benefit to which Utah couples – and couples throughout the country – are entitled, regardless of whether they are in same-sex or opposite-sex marriages.”

The federal government has been working to implement the 2013 U.S. Supreme Court decision in U.S. v. Windsor, which struck down the portion of the federal DOMA that denied federal benefits to same sex couples. Now gay and lesbian couples married legally under their state’s law were entitled to employment, tax, immigration, and other benefits enjoyed by heterosexual spouses.  The Windsor decision, however, did not address state DOMAs, such as those in Utah and Florida, which continued to prohibit same sex marriage.

If you have questions regarding your options to preserve your Florida family law rights, schedule a consultation with The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our contact form.

About Adam B. Cordover, Attorney-at-Law

Family Diplomacy is dedicated to helping clients restructure their families privately and respectfully. We practice exclusively in out-of-court dispute resolution, with a focus on collaborative divorce and family law, mediation, direct negotiations, and unbundled legal services. We maintain this out-of-court practice because we strongly believe that family disputes should be resolved in a private conference room, not in a hostile and public courtroom environment. This unique perspective on family law stems back to Adam B. Cordover’s experience studying International Affairs in Washington, D.C., and abroad. Adam had the rare opportunity to work closely with ambassadors and diplomats from war-torn regions around the world. He traveled around the globe, learning from diplomatic leaders as they applied dispute resolution techniques to tackle seemingly impossible conflicts. It dawned on him: If these techniques can work in the complex world of International Relations, why not Domestic Relations and Family Law? This realization lead Adam to create an exclusively out-of-court practice and to bring a more peacemaking approach to family law. In his previous role as a litigation attorney, Adam witnessed parties experience the negative emotional and financial effects that long, drawn out divorce battles can have on families. As a result, Adam has become a strong proponent of the Collaborative Process, where a structure is put in place so that life’s hardest moments do not have to be any more difficult than necessary. A thought leader in the international collaborative law community, Adam successfully spearheaded an effort of the Thirteenth Judicial Circuit to draft an administrative order safeguarding the principles of collaborative family law (just the fourth such administrative order in Florida). Adam has been featured in or interviewed about collaborative practice by the Tampa Bay Times, Tampa Tribune, Orlando Sentinel, Miami Herald, Tampa Bay Business Journal, Florida Bar News, NBC, Fox 13, Bay News 9, ABC Action News, The World of Collaborative Practice Magazine, and Spirit FM 90.5. Adam regularly speaks at professional and civic organizations locally and internationally regarding the collaborative process. Adam B. Cordover is president of Next Generation Divorce, a 501(c)(3) and Florida’s largest interdisciplinary collaborative practice group with member attorneys, mental health professionals, and financial professionals throughout Hillsborough, Pinellas, Pasco, Sarasota, and Manatee Counties. Adam is also on the Executive Board and co-chair of the Research Committee of the Collaborative Family Law Council of Florida. Further, Adam is a graduate of the inaugural class of the Leadership Academy of the International Academy of Collaborative Professionals. You can learn more about us and our services at www.FamilyDiplomacy.com. Attorney Adam B. Cordover is admitted to the Florida Bar and the United States District Court, Middle District of Florida. His office is located at 412 East Madison Street, Suite 824, Tampa, Florida 33602.
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