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Florida  
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State Information

Government Website: http://taxonomy.myflorida.com/Taxonomy/Government/Legislative%20Branch

Outline of State Law
Current Status of Law Concerning Marriage and Date of Passage 1997 - State Law Passed 
State Law Prohibits/Voids Same Sex/Same Gender Marriage yes 
State Law Defines Marriage between a Man and a Woman yes 
State Law Denies Recognition of Same-Sex Marriages Solemnized in Other States yes 
State Law States that Same Sex Marriage is not Aligned with State Public Policy no  
State Law Defines "Spouse" as Referring Only to a Person of the Opposite Sex Who is Married as Husband or Wife yes 

Statutory Provision

Florida Statutes, Tit. XLIII, Chap. 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.

Current Legislative Activity

  • None.

Current Initiative Activity

On December 13, 2007, Florida4Marriage.org submitted more than the 611,000 signatures required for to the Division of Elections office.  Once approved, the amendment will be on the ballot in November 2008. 

The proposed text of the amendment is:

Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized. 

U.S. Senators
US Senators and their Comments on FMA

Mel Martinez, Republican
http://martinez.senate.gov/
This senator was elected in 2004, therefore not present for the federal DOMA vote in 1996 nor for the Marriage Protection Amendment (MPA) in 2004. The senator voted for the MPA in 2006.

Bill Nelson, Democrat
http://billnelson.senate.gov/
This senator was elected in 2000, therefore not present for the federal DOMA in 1996. The senator voted against the Federal Marriage Amendment in 2004 and 2006.

State Public Policy Organizations Working on Marriage Issues

Florida for Marriage



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