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FORT LAUDERDALE, Florida — Oops, let’s do this again!
Broward County Judge Dale Cohen ruled in July that Florida’s ban on gay marriage was unconstitutional as he granted a divorce to Heather Brassner, who had entered into a civil union with Megan Lade in Vermont in 2002.
Last week, Florida’s Attorney General had not responded by deadline on whether to appeal the ruling, so the media dutifully reported that the divorce would be finalized this weeks. Well …
Turns out there was a little technicality that has caused the judge to vacate his ruling.
Judge Cohen vacated his decision saying, “the Petitioner, Heather Brassner, has failed to comply with [state law] by failing to notice the Office of the Attorney General of these proceedings by either registered or certified mail,” the Miami Herald reported Tuesday.
Nancy Brodski, attorney for Brassner, explained the hitch.
“Really, this is just a speed bump along the way,” Brodski told NBC Miami. “Although we had given the Attorney General notice, and had had electronic communication, and had actually had telephonic communication, the statute requires us to send it certified mail.”
Brassner wants to divorce Lade, who has disappeared but has not been found by a private investigator, so that she can marry another woman.
Brodski said the judge can reschedule a hearing in the case, and this time she said all the legal technicalities would be met.