Same-sex marriage in Florida - Wikipedia 2015 - chapter 741; section 741.212 - Statutes & Constitution

Same-sex marriage in Florida - Wikipedia 2015 -  chapter 741; section 741.212 - Statutes & Constitution

741.212 Marriages between persons of the same sex.—

(1) Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, or relationships between persons of the same sex which are treated as marriages in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state.

(2) The state, its agencies, and its political subdivisions may not give effect to any public act, record, or judicial proceeding of any state, territory, possession, or tribe of the United States or of any other jurisdiction, either domestic or foreign, or any other place or location respecting either a marriage or relationship not recognized under subsection (1) or a claim arising from such a marriage or relationship.

(3) For purposes of interpreting any state statute or rule, the term “marriage” means only a legal union between one man and one woman as husband and wife, and the term “spouse” applies only to a member of such a union.

History.—s. 1, ch. 97-268.

 

 

Same-sex marriage in Florida is legal statewide since January 6, 2015, as a result of Brenner v. Scott, the lead case on the issue. In this case, a U.S. district court ruled the state's same-sex marriage ban unconstitutional on August 21, 2014. The order was stayed temporarily; state attempts at extending the stay failed, with the U.S. Supreme Court denying further extension on December 19, 2014. With the stay expiring, the case is still under appeal.
Furthermore, a state court ruling in Pareto v. Ruvin allowed same-sex couples to obtain marriage licenses in Miami-Dade County on the afternoon of January 5, 2015. In another state case challenging the state's denial of marriage rights to same-sex, a Monroe County court in Huntsman v. Heavilin stayed enforcement of its decision pending appeal. Other lawsuits in state court have sought recognition of an individual same-sex marriage with varying results.
The state banned same-sex marriage by statute in 1977 and added a prohibition on the recognition of marriages from other jurisdictions in 1997. Voters approved an amendment that banned both same-sex marriage and civil unions on 2008. The state also imposes criminal penalties on any court clerk who issues a marriage license to a same-sex couple