When Gildas Dousset received his tuition bill, it was nearly four times as high as it was supposed to be.
As the spouse of a long-time Florida resident, Dousset expected to pay Florida Atlantic University’s in-state tuition rate of $199.54 per credit hour but was charged the out-of-state rate of $718.09.
The 30-year-old FAU journalism and political science student appealed the university’s decision last week after it refused to recognize his Massachusetts marriage and grant him in-state tuition.
Dousset is arguing that the state laws banning recognition of homosexual marriages violate the U.S. Constitution, according the National Center for Lesbian Rights.
“The case itself presents a fairly large question,” said Dousset’s lawyer, George Castrataro. “Even if the facts are simple, the implications are more sweeping.”
He said the case will be likely be heard by the fourth district court of appeals in the late summer or early fall.
If the basis for the court’s judgement is that the statutes are unconstitutional, the case could set an important precedent for homosexual couples that would extend far beyond campus borders.
“The case could have far-reaching implications,” said Joseph Jackson, associate director of the Center on Children & Families at UF Levin College of Law.
The constitutionality of Florida’s same-sex marriage ban is currently being challenged by a couple from Miami as well, said Jackson.
He said he thinks Florida will have an answer within the next couple of years.
“We’re not really challenging FAU,” said Castrataro. “We’re more challenging the rule itself.”
FAU issued a statement defending the out-of-state tuition charge.
“The lawsuit challenges Florida statute 741.212 that was signed into law in 1997. It requires that no state agency, including state universities, can recognize same-sex marriages. This includes recognition for the purposes of in-state tuition as outlined by Florida law. Florida Atlantic University and every Florida state college and university is bound to follow all the laws of the State of Florida unless they are deemed unconstitutional by the court,” the university wrote.
According to the statute, “Marriages between persons of the same sex... are not recognized for any purpose in this state.”
Although she considers herself an activist for LGBTQ+ issues, 21-year-old FAU neuroscience senior Elaina Gombos said she thinks FAU was following the law when it refused Dousset’s in-state tuition, not making a moral call.
FAU is generally very accepting of homosexual students, she said.
“Everybody should have the benefit of being married -- anywhere they go,” Gombos said. “But I think that FAU might have had its hands tied.”
Although they are called “domestic partners,” homosexual spouses of UF students are entitled to spousal care from the Student Health Care Center and are eligible for spouse football tickets. UF employees are also entitled to sick leave on the basis of his or her domestic partner’s health, according to university regulations.
But to get in-state tuition through a same-sex spouse, state laws would have to change.
“It’s one of those things that makes where we are in marriage equality really complicated,” said L.B. Hannahs, director of UF LGBT affairs.
Hannahs said because some states recognize recognize LGBT marriages and others do not, issues are bound to come up as couples cross state lines.
Dousset v. FAU “is indicative of how messy this process is and is going to continue to be,” Hannahs said.
[A version of this story ran on pages 1 - 4 on 5/22/2014 under the headline "FAU student challenges Florida gay marriage ban"]
The band Captain Lovely plays on the Bo Diddley Community Plaza stage during the Pride Festival on Saturday. A collection tank was set up for people to tip the entertainers and to raise money for other LGBT events around Gainesville.
