Resource: Kentucky Equality Federation v. Beshear

Surviving spouse seeking to be appointed personal representative under Florida Probate Code (which only allows out-of-state “spouses” to be appointed) challenged Florida’s ban on recognizing marriages same-sex couples entered outside the state. On 5/12/14, an amended petition for administration was filed. On 7/15/14, a memorandum of law was filed in support of the amended petition. A hearing on the petition was held 7/15/14. The trial court issued its decision on 8/5/14, holding that Florida’s marriage laws unconstitutionally impair Mr. Bangor’s right to choose a personal representative and that the marriage bans are “unconstitutional as applied in this estate,” but stating that the ruling is “strictly limited to the facts before it.” On 2/10/15, Simpson filed a petition to amend surviving spouse designation on the death certificate. A response was filed on 3/2/15. On 3/13/15 a hearing was held on the petition and an order was filed granting the petition to amend the death certificate.