In Your State: Florida

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Events

02/16/2012 - 17:30
Philadelphia, Pennsylvania
03/04/2012 - 13:00
San Francisco, California

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Statewide Relationship Recognition

no Licenses marriages for same-sex couples.
no Honors marriages of same-sex couples from other jurisdictions
no Relationship recognition for same-sex couples: none.
  • 2008 Constitutional amendment passed: 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. See Florida Const. Art. I, New Section) (Proposition 2)
  • 1997 Anti-marriage bill adopted. House Bill 147 introduced by Rep. Johnny Byrd. Restricts marriage to different-sex couples only, and deny recognition to lawful marriages of same-sex couples under all circumstances. Passed in stacked Governmental Operations Committee, and then passed the full House on March 25. On May 29, Gov. Lawton Chiles chose not to veto the bill, allowing it to become law without his signature. Senate Bill 272 introduced by Sen. John Grant (R). Passed Judiciary Committee March 12; passed Senate. See Florida Statues Title XLIII, § 741.04 and § 741.212.

Statewide Employment Protections

no Private employment protections based on sexual orientation.
no Private employment protections based on gender identity.
no Public (state) employment protections based on sexual orientation.
* Public (state) employment protections based on gender identity.

See Fla. Stat. § 760.01

* Passing state and federal level laws explicitly prohibiting discrimination on the basis of gender identity, gender expression and sexual orientation is the only way to ensure equality. However, you should be aware that some measure of protection already exists under Title VII and the Constitution's guarantee of Equal Protection. If you or your counsel has questions, please contact Lambda Legal's Help Desk.

Statewide Parenting Laws

Who May Adopt No "homosexual" may adopt. Fla. Stat. § 63.042(3)
  • 2010 One state district court of appeals struck down the ban as unconstitutional. See Fla. Dept. of Children & Families v. X.X.G., 2010 Fla. App. LEXIS 14014 (Fla. 3d DCA 2010)
  • Governor Christ announced that the state will not appeal the ruling and will stop
Second Parent Adoptions May be available in some jurisdictions.
Notes Anyone considering petitioning for a second parent adoption should contact, or have their counsel contact, Lambda Legal for information and counsel on whether to do so. Federal court decision in Lofton v. Kearney upheld adoption ban. Generally hostile climate for claims of custody or visitation for non-biological, non-adoptive parents.

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