Sarasota News Leader

05/03/2013

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Sarasota News Leader May 3, 2013 Page 34 union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized." DOMA has been challenged on federal constitutional grounds, DeMarsh added, with a U.S. Supreme Court ruling expected this summer. He also noted, "There is very little published law in Florida regarding domestic partnerships." The lead case is a 2000 Fourth District Court of Appeal decision challenging the constitutionality of a Broward County domestic partnership ordinance passed in 1999. The Court of Appeal ruled in favor of the county, though it did find fault with one provision of the registry regarding healthcare decisions to the extent the ordinance would override the provisions of a state statute, DeMarsh added. Although that decision preceded the 2006 state constitutional amendment, DeMarsh pointed out, "the reasoning of the Court suggests that these ordinances are not likely to be invalidated on a constitutional basis." He continued, "No other published Florida cases could be found," and successful challenges in other states focused on ordinances that included procurement preferences for companies extending domestic partner benefits to employees. "This is not a common element to Florida's ordinances," DeMarsh wrote. County Attorney Stephen DeMarsh. Photo by Norman Schimmel Shelin pointed out to the News Leader on May 2 that the Sarasota ordinance "is the result of a series of refinements through the experience of several jurisdictions and is probably the best model to use." At the News Leader's request, Jan Thornburg, Sarasota's public information officer, checked Both the City of Sarasota and the City of Venon May 2 and found that 143 couples have regice have implemented registries. DeMarsh istered with the city since Nov. 6, 2012, when provided an analysis of Sarasota's ordinance the ordinance went into effect. in his memo and included a list of Frequently Asked Questions about it, adding that they According to the City of Venice's website, may be found on the city's website. six couples have registered there since mid-

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