.png)
Same-sex marriage has been legal in Florida since January 6, 2015. (ACLU Statement on Beginning of Marriages for Same-Sex Couples in Florida, 2015) On that day, a federal court ruling took effect, making Florida the 36th U.S. state to recognise marriage equality. (Neale & Rick, 2015) This decision came after years of legal challenges and marked a significant milestone for LGBTQ+ rights in the state.
Florida's journey to marriage equality wasn't straightforward. A constitutional amendment banning same-sex marriage was approved by voters in 2008. (Amendment furthering ban on gay marriage passes, 2008) Federal court rulings eventually overturned this ban, paving the way for same-sex couples to marry legally. (Florida ban on same-sex marriage nullified, 2014)
Just a few months after Florida legalised same-sex marriage, the U.S. Supreme Court made a landmark decision in Obergefell v. Hodges on June 26, 2015. (Today in History: June 26, US Supreme Court legalises same-sex marriage, 2015) This ruling guaranteed same-sex couples the right to marry in all 50 states, effectively making marriage equality the law of the land nationwide. (Obergefell v. Hodges | Summary, History, Ruling, & Facts, 2015)
The Legal History Leading to Marriage Equality
Understanding how Florida arrived at marriage equality requires looking at the legal battles that preceded it.
The 2008 Constitutional Amendment
In November 2008, Florida voters approved Amendment 2, which added language to the state constitution defining marriage as between one man and one woman. (2008 Florida Amendment 2, 2008) This amendment passed with 62% of the vote, reflecting the political climate at the time. (Amendment furthering ban on gay marriage passes, 2008)
The amendment created a significant legal barrier for same-sex couples seeking marriage rights. Simply passing a law wouldn't be enough; the Constitution would need to be changed or the amendment ruled unconstitutional.
Federal Court Challenges
Multiple lawsuits challenged Florida's same-sex marriage ban in federal court. The most significant case was Brenner v. Scott, filed in 2014. (Brenner v. Scott, 2014) U.S. District Judge Robert Hinkle ruled that Florida's ban on same-sex marriage violated the U.S. Constitution's guarantee of equal protection under the law. (Federal Judge Declares Florida's Ban On Same-Sex Marriage Unconstitutional, 2014)
Judge Hinkle's ruling was stayed (temporarily put on hold) to allow the state to appeal. However, when the stay expired on January 6, 2015, same-sex marriages could legally proceed in Florida. (ACLU Statement on Beginning of Marriages for Same-Sex Couples in Florida, 2015)
The Supreme Court's Role
The U.S. Supreme Court's decision in Obergefell v. Hodges solidified marriage equality nationwide. (What to know about the Supreme Court ruling 10 years ago that legalised same-sex marriage in the US, 2015) The Court ruled 5-4 that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. (Obergefell v. Hodges | Summary, History, Ruling, & Facts, 2015)
This decision meant that no state could deny marriage licenses to same-sex couples or refuse to recognise same-sex marriages performed in other states. Florida's constitutional amendment became unenforceable, though it technically remained in the state constitution until it could be formally removed.
What Marriage Equality Means for Same-Sex Couples in Florida
Since 2015, same-sex couples in Florida have enjoyed the same marriage rights and responsibilities as opposite-sex couples.
Marriage License Requirements
Same-sex couples must follow the same process as any other couple when applying for a marriage license in Florida:
Application Process: Both parties must appear together in person at a county clerk's office to apply for a marriage license. Florida doesn't require blood tests or waiting periods for most couples.
Required Documentation: Applicants need to provide valid government-issued photo identification (such as a driver's license or passport) and their Social Security numbers. If either party has been previously married, they must provide documentation showing how that marriage ended (a divorce decree, a death certificate, or an annulment).
Fees: The standard marriage license fee is $93.50, though couples who complete a premarital preparation course can receive a reduced cost of $61 and have the waiting period waived.
Waiting Period: Florida requires a three-day waiting period between applying for and receiving a marriage license. This waiting period can be waived by completing a premarital preparation course or by having one or both parties be Florida residents.
Legal Rights and Protections
Marriage provides numerous legal rights and protections that weren't available to same-sex couples before 2015:
Tax Benefits: Married same-sex couples can file joint federal and state tax returns, potentially resulting in tax savings.
Inheritance Rights: Spouses automatically have certain inheritance rights under Florida law, even without a will.
Medical Decision-Making: Married partners have the legal right to make medical decisions for each other if one becomes incapacitated.
Parental Rights: Marriage provides automatic parental rights for children born or adopted during the marriage, protecting both parents' relationships with their children.
Immigration Benefits: U.S. citizens can sponsor their same-sex spouses for immigration purposes, just as opposite-sex couples can.
Social Security and Pension Benefits: Surviving spouses can receive Social Security survivor benefits and often have rights to their partner's pension benefits.
Current Political Landscape and Potential Challenges
While same-sex marriage is currently legal and protected in Florida, the political landscape continues to evolve.
State Constitutional Amendment
Florida's constitution still technically contains the 2008 amendment defining marriage as between one man and one woman, though this language is unenforceable due to federal court rulings. (Federal Court Rules that Florida Ban on Marriage for Same-Sex Couples is Unconstitutional, 2014) Removing this language would require either a constitutional amendment approved by 60% of voters or a legislative proposal approved by three-fifths of both chambers of the Florida Legislature and then by 60% of voters.
Some advocacy groups continue to work to remove this outdated language from the state constitution, arguing that it sends a harmful message even if it can't be enforced.
Federal Protections
The Respect for Marriage Act, signed into federal law in December 2022, provides additional protections for same-sex marriages. (S.4556 - 117th Congress (2021-2022): Respect for Marriage Act, 2022) This law requires all states to recognise same-sex marriages performed in other states, even if the Supreme Court were to overturn Obergefell v. Hodges. (Respect for Marriage Act, 2022)
However, the Respect for Marriage Act doesn't require states to issue marriage licenses to same-sex couples if federal protections were removed. This means that while existing marriages would remain valid, new same-sex marriages could theoretically be prohibited if Obergefell were overturned and Florida enacted new restrictions.
State-Level Legislation
Florida's legislature has passed bills affecting LGBTQ+ rights in recent years. While these haven't directly targeted marriage equality, they've raised concerns among LGBTQ+ advocates about the state's commitment to protecting these rights.
Staying informed about proposed legislation and supporting organisations that advocate for LGBTQ+ rights can help protect marriage equality going forward.
Resources for Same-Sex Couples in Florida
Several organisations and resources can help same-sex couples navigate marriage and related legal issues in Florida.
Legal Assistance
Equality Florida: This statewide LGBTQ+ civil rights organisation provides resources, advocacy, and support for LGBTQ+ Floridians, including information about marriage rights.
Lambda Legal: This national organisation provides legal advocacy for LGBTQ+ rights and can offer guidance on marriage-related legal issues.
Local LGBTQ+ Centres: Many Florida cities have LGBTQ+ community centres that offer resources, support groups, and referrals to LGBTQ+-friendly legal professionals.
Wedding Planning
Numerous wedding vendors in Florida specifically welcome and cater to same-sex couples. Online directories and local LGBTQ+ organisations can help you find LGBTQ+-friendly venues, photographers, caterers, and other wedding professionals.
Many couples also find support and ideas through LGBTQ+ wedding planning communities, both online and in-person.
Looking Forward: The Future of Marriage Equality in Florida
Same-sex marriage has been legal in Florida for nearly a decade, and thousands of same-sex couples have married during that time. These marriages have created families, built communities, and become part of Florida society. tions exist at both the federal and state levels, continued vigilance remains essential. Supporting organisations that advocate for LGBTQ+ rights, staying informed about proposed legislation, and participating in the democratic process all help ensure that marriage equality remains protected.
For same-sex couples considering marriage in Florida, the process is straightforward, and the legal protections are comprehensive. The state has come a long way since 2008, and same-sex couples can marry with confidence, knowing their unions are legally recognised and protected.
If you're planning to get married in Florida, start by contacting your local county clerk's office to learn about their specific requirements and schedule an appointment. Many counties now have streamlined processes and staff who are experienced in helping all couples navigate the marriage license process.
Marriage equality isn't just about legal rights—it's about dignity, respect, and the freedom to build a life with the person you love. Florida recognises and protects that freedom for all couples, regardless of gender.