Florida Men To Challenge State's Gay Marriage Ban

Miami attorney Ellis Rubin will file a lawsuit Wednesday to challenge the Florida law barring same-sex marriages.

Rubin claims the law discriminates against his clients, two gay men who want to get married in Broward County.

Rubin tried and failed to get a marriage license on his clients' behalf Monday, and said he will now proceed with his lawsuit against the state.

"They want equality, they don't want the discrimination that is evident from this statute," Rubin said.

In a telephone interview Monday, one of the men, William Ash, defended the action, which is intended to bring the issue of gay marriage to Florida.

"Me getting married is not going to impact their lives," Ash said from San Diego. "Everyone deserves to be happy in a committed relationship."

Nova Southeastern University assistant professor of law Anthony Niedwiecki says the men have a strong legal argument.

"They have an argument under the equal protection clause," Niedwiecki said. But he said another recent court ruling indicates the case won't hold up in court.

"The gay adoption ban has been ruled (constitutional)," Niedwiecki said, adding that according to the ruling, "it's OK to treat gay individuals differently from heterosexuals."

Rubin said he will take his case all the way to the U.S. Supreme Court if he has to.

''This statute is, in our way of thinking, superseded by the Florida Constitution, which promises equal rights,'' said Rubin.

The move is not the first in Florida to take advantage of the momentum created by a Massachusetts Supreme Court ruling barring the state from prohibiting same-sex marriages, and unilateral action by the mayor of San Francisco to issue marriage licenses to same-sex couples.

Two weeks ago, two Pensacola men tried to obtain a marriage license, saying they were trying "to make a point."

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The men failed to get the license, but said they were headed to Massachusetts to get married.

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Florida is one of 38 states that prohibit same-sex unions through variations of the Defense of Marriage Act. Ohio recently became the latest state to pass a DOMA law.

Only one state, Vermont, officially sanctions civil unions, while only California, Alaska and the District of Columbia have official state or district registries for same-sex couples.

Most recently, Virginia, which already bars same-sex marriages, took steps to bar civil unions as well. The Virginia House of Delegates gave preliminary approval to a law that would prohibit the legal recognition of civil unions and domestic partnerships. The "Affirmation of Marriage Act," if passed, would have to be signed into law by Gov. Mark Warner, a Democrat.

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