Florida and gay marriage
Same-sex marriage has been legal in Florida since January 6, , as a result of a ruling in Brenner v. Scott from the U.S. District Court for the Northern District of Florida. The court ruled the state's same-sex marriage ban unconstitutional on August 21, The order was stayed temporarily. Understanding the current status of gay marriage laws in Florida requires examining a combination of state statutes, constitutional amendments, and landmark court rulings.
These elements collectively shape the legal framework governing same-sex marriages within the state. While same-sex marriage has been legal in Florida for nearly eight years because of court rulings, a ban has remained in state law but has not been in effect. Now, a state lawmaker has filed a bill to remove it. (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.
Gay marriage, civil unions and domestic partnership are without any legal recognition in Florida. In fact, individuals in LGBT relationships, are entitled to no rights or responsibilities that pertain to their relationship. In addition, in Florida, gay individuals are unable to legally adopt children. The Supreme Court struck down a provision of a federal law denying federal benefits to married gay couples.
It also left intact a lower court ruling overturning California's gay marriage ban. The rulings didn't address gay marriage bans in other states such as Florida, where voters approved a constitutional amendment banning same-sex marriages. It will take approval from 60 percent of voters to overturn it if the issue is put on the ballot again.
In , Florida voters amended our constitution so that we're a traditional marriage state. Marriage is between a man and a woman," said Republican Gov. Rick Scott. Still, gay rights advocates hope the Supreme Court's decisions will provide momentum to eventually overturn Florida's ban.
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Whether that's through a legal challenge or a return to the ballot is yet to be seen. What's certain is that for the immediate future, the Legislature, with its nearly two-thirds Republican majority in both chambers, won't be much help on the issue. Joe Saunders, D-Orlando, who is gay. While he said more Republicans are supporting gay rights, he acknowledged that leadership is not, preventing gay rights issues from being heard in the Legislature.
One argument he hopes sways them is that the gay marriage ban might hurt the state economically as more states allow same sex marriages, saying people and companies may leave the state or choose not to come here. In order to get back on the ballot it would require either action by the Legislature -- which won't happen any time soon -- or a petition drive that would require the signatures of more than , registered voters.
Florida voters approved the amendment to ban gay marriage And while Equality Florida believes most Floridians now support the idea, the 60 percent approval threshold makes repeal difficult. The group is not seeking to bring the issue back to voters in While attitudes have been changing about gay marriage as more states, Republicans still largely oppose it. Marco Rubio said in a statement. But I also expect that the decisions made by states like Florida to define marriage as between one man and one woman will also be respected.
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