Second DCA certifies question of whether same-sex couple can divorce in Florida

In Shaw v. Shaw, 39 FLW S561a (Fla 2d DCA) in case No. SC14-1664 in an opinion filed on September 5, 2014 , the Second DCA certified to the Florida Supreme Court the issue of whether a same-sex couple lawfully married in a jurisdiction that recognizes same-sex marriage can be denied the right to divorce in Florida.
The Second District Court of Appeal has certified, pursuant to article V, section 3(b)(5), of the Florida Constitution, that the trial court has passed upon a question of great public importance requiring immediate resolution by this Court. Having reviewed the Second District's certification, as well as the dissenting opinion of Judge Altenbernd, we decline at this time to accept jurisdiction of the appeal under article V, section 3(b)(5), for the reasons set forth in Judge Altenbernd's dissent. See Shaw v. Shaw, No. 2D14-2384, 2014 WL 4212771, *3 (Fla. 2d DCA Aug. 27, 2014) [39 Fla. L. Weekly D1813a] (Altenbernd, J., dissenting).
The case is hereby remanded to the Second District for further proceedings. No motion for rehearing will be entertained by the Court. (LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, and PERRY, JJ., concur. CANADY, J., concurs in result.)