## Facts

- Judith S. Bashaway and Melinda Garrison were in a long-term, committed, exclusive, intimate relationship but were not legally married.
- Florida law at the time did not recognize same-sex marriage and barred recognition of rights arising from such a union under Fla. Stat. § 741.212 (2006).
- Garrison was injured in an automobile accident involving a vehicle operated by or on behalf of Cheney Bros., Inc. and Alex E. Roberts.
- Garrison sued for personal injuries; Bashaway joined the action asserting a loss of consortium claim (Count III).
- Defendants moved to dismiss Count III, arguing consortium in Florida is limited to legally married spouses (or otherwise legally recognized family relationships) and that § 741.212 foreclosed marriage-equivalent recognition.
- The trial court dismissed Bashaway’s consortium claim and entered final judgment as to Count III.

## Issues

1. Whether an unmarried same-sex partner may assert a Florida common-law loss of consortium claim based on the seriousness and commitment of the relationship.
2. Whether Florida common law may create an exception to any marriage/status requirement for same-sex partners who were legally prohibited from marrying.
3. Whether § 741.212 (2006) prevents a court from recognizing a same-sex relationship as the equivalent of marriage (or its incidents) for consortium purposes.

## Decision

- The First District Court of Appeal affirmed the dismissal of Bashaway’s loss of consortium claim.
- The court held that loss of consortium in Florida is a derivative claim that depends on legally recognized family status and is not available based solely on relationship quality.
- The court refused to treat an unmarried same-sex relationship as the equivalent of a valid marriage for consortium purposes, concluding it lacked authority to do so, particularly given § 741.212.

## Legal Principles

- Loss of consortium is a derivative claim that turns on legal family status, not merely the closeness, commitment, or intimacy of a relationship.
- Florida consortium recovery has been limited to “actual family members” and confined to losses within the family unit as recognized by law.
- Courts may not create marriage-equivalent rights for same-sex partners where the Legislature has expressly barred recognition of same-sex marriage and claims arising from such unions (Fla. Stat. § 741.212 (2006)).
- Incremental expansions of consortium rights in Florida have remained tied to legally recognized familial relationships; extending consortium to unmarried partners would require a change beyond the intermediate appellate court’s authority.

## Conclusion

The court affirmed dismissal of an unmarried same-sex partner’s loss of consortium claim, holding that Florida common law required legally recognized family status and that statutory nonrecognition of same-sex marriage foreclosed judicial creation of marriage-equivalent consortium rights.


Bashaway v. Cheney Bros., Inc., 987 So. 2d 93 (Fla. Dist. Ct. App. 1st Dist. 2008)