(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.
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
