TALLAHASSEE, Fla. (AP) — The Florida Supreme Court won't consider the constitutionality of the state's gay marriage ban in order to settle a same-sex divorce case.
The high court said Friday the 2nd District Court of Appeal first should rule on the case, in which a lesbian couple married in Massachusetts and is now seeking a divorce in Florida.
A lower court judge ruled that the couple couldn't get divorced in Florida because the state's constitution doesn't recognize gay marriage.
Before considering the case, the appeals court in a 10-3 decision asked the Supreme Court to settle the question about the gay marriage ban. The Supreme Court, however, agreed with three dissenting judges who said the issue wasn't of such high importance that it had to go straight to the state's top court.