Miami Legal Tips Blog

Nation’s Largest Legal Debates Coming to Florida: Gay Marriage, Medical Marijuana

imgresJust like clothing production or music, the legal landscape is prone to changes in fashion. And at the moment, several particular legal issues are becoming the largest trends. Chief among the trending legal issues, the debates over same-sex marriage and the legalization of marijuana for medicinal purposes stand out. And both legal battles are prepared to come to Florida in full force. Here is a look at how each legal issue is playing out so far in Florida:

-Same-sex marriage: in the past 18 days, three South Florida judges now have declared Florida’s ban on same-sex marriage to be unconstitutional. Broward Circuit Court Judge Dale Cohen is the latest to do so, as he ruled that the 2008 state amendment violates same-sex couples’ rights to due process and equal protection. These recent rulings fall in line with a nationwide trend toward states overturning recent laws passed to ban same-sex marriage.

Marc Solomon, national campaign director of Freedom to Marry, cheered the ruling. “The ruling itself is unambiguous and so is the momentum,” Solomon said. “It’s powerful to have three out of three marriage rulings in a state, and it definitely contributes to the national momentum.”

Plaintiff Heather Brassner expects the legal battle to continue in Florida, though. “I’m an expecting an appeal because if you look at the record, [Florida Attorney General Pam Bondi has] appealed everything so far.” Bondi has appealed the recent same-sex marriage rulings she lost in Monroe and Miami-Dade counties.

-Medical marijuana: The battle for marijuana’s legal status is kicking into gear in Florida, with a measure set to hit the ballot soon. And some public officials are risking repercussions to make their feelings on the matter known.

North Miami Beach police officer Tom Carney sent an e-mail to many residents of the city about the coming medical marijuana bill, bashing the plan to partially legalize marijuana. His e-mail, titled “Truth About Medical Marijuana,” stirred up controversy upon being sent to residents, city leaders, and everyone in between from his work account.

Carney sent an apology later, but City Councilwoman Barbara Kramer didn’t find it to be sincere. Kramer spoke out against Carney’s actions: “From the get-go it shouldn’t have been disseminated and then when it was done wrong the first time, it didn’t need to compounded the second time,” she said.

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Same-sex marriage and medical marijuana are unquestionably hot-button issues, and they are both arriving to the notoriously politically diverse state of Florida.

If you are fighting a personal legal battle rather than a nationwide campaign for a cause, Gilbert and Smallman has all your needs covered! Contact us today.

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