by Max Marbut
Staff Writer
As anyone who has ever been to law school can attest, you don’t get to take the Bar Exam without first developing an appreciation for spending many hours in the library poring over countless volumes of case law. It’s a time-honored tradition of legal education.
A group of students attending Florida Coastal School of Law are getting a much more intimate experience with a case that may some day be remembered as one that changed the way the State of Florida views the rights of same-sex couples.
Last week, Spohrer Wilner attorney Barry Newman invited several FCSL students to attend and observe a meeting he had with his clients Melinda Garrison and Judith Bashaway.
Garrison, a nurse, was on her way to her job when she had a serious accident caused by a collision with a delivery truck. She was severely injured and spent a month in a coma.
Bashaway, Garrison’s life partner for 14 years, was by her side every day, said Newman, who added the two lived together in a home they owned together and had been joined in a civil union ceremony. He knew the state constitution doesn’t recognize such unions, but filed a loss of consortium action on Bashaway’s behalf anyway.
Newman pointed out, “We’re not trying to overturn the State’s ban on gay marriage, but there are other issues in this case.”
He also said he’s not surprised he’s currently preparing to take the case to the First District Court of Appeals in Tallahassee.
“When we brought the claim, we expected it to be dismissed because Florida law requires two people be legally married for loss of consortium.
“But Judith was with Melinda at the hospital just like anybody would have been. We think that should be recognized.
“This is not a gay issue. We’re just saying the threshold to get a case like this to a jury should not depend on whether you’re married. We think the jury should get to make the call,” he said.
Newman was in the first class of graduates and is now an adjunct professor at FCSL. He said he saw the case as an opportunity to offer some of his students an insider’s view of their chosen career.
“I’ve got a lot of extremely bright and motivated students,” said Newman. “I thought this would be a good experience for those interested in constitutional law. It gave them an opportunity to meet our clients and put a face on the case and give them some real-world experience. They have come up with some great ideas,” said Newman.
He said a lot of things have changed at FCSL in the past 10 years.
“When I went there, they didn’t turn out 300 attorneys a year. I think there were 60 students in the building when I was there and there were five professors, not 50 like are there today and none of them were practicing attorneys.”
FCSL Dean Peter Goplerud said the students having the opportunity to observe the case as it is developed is a valuable contribution from Newman and from Spohrer Wilner.
“We are very pleased every time there is an opportunity for our students to observe the legal system and the practice of law. It gives them a rare insight and it’s great that Barry is now participating from the other side of the podium.”