As a Florida injury attorney I was proud of New York State for legalizing gay marriage. Sadly, Florida seems unable to stop its discriminatory and hateful law that fails to not only recognize same sex-marriage in Florida but goes on to not recognize lawful marriage performed and deemed legal in a state or country that has legalized it. Florida Statute Section 741.212 seems to say that Florida knows best that a marriage can only be between one man and one woman. In essence, Florida has a superior legal right to disregard the laws of other states and countries on this issue. This is offensive, nonsensical and in my opinion unconstitutional.
If a corporation is valid in Delaware, Florida law respects it. If an adoption is valid in Arizona, Florida will recognize it. If a marriage is valid in New York, Florida law says it is illegal here. Ever wonder why?
I think it is just too easy to blame this evil perspective on those with strong religious beliefs. Our Miami medical negligence law firm believes this is a calculated effort by those in true power to prevent the compensation of the injured. If same-sex marriage were legal in Florida then every spouse of an injured victim would be able to make a claim for loss of consortium, services and society. (Florida’s consortium law recognizes the spouse of an injured person to be compensated). Imagine the millions of dollars that the insurance industry saves each year by hiding behind anti-gay marriage legislation and depriving compensation to the truly injured spouses in what would and should be a recognized marriage.
Furthermore, imagine the effect on taxes, immigration and social security if payments and benefits were afforded to spouses in same-sex marriage. I find it hypocritical that those who are so pro-marriage would deny it to anyone who is willing to commit themselves to another regardless of gender.
Consortium generally refers to the services, comfort, society and attentions of a spouse. This includes, the marital sexual relationship, the companionship and fellowship of a husband and wife to each other. The burden of proof is on the spouse for both past and future loss.
