In Your State
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Does the state allow same-sex couples to marry?
Does the state recognize marriages, domestic partnerships or civil unions of same-sex couples from other jurisdictions?
Does the state offer any other type of relationship recognition for same-sex couples?
The state constitution prohibits marriage between same-sex couples. Amended in 2008 to read: “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)
Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?
Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?
Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?
Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?
All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.
The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination. The Supreme Court has held that the EEOC's interpretations of Title VII are entitled to "great deference."
Who may adopt?
A husband and wife jointly, or one of them with consent of the other or for good cause shown, and an unmarried adult (Fla. Stat. §63.042).
Some granted in a limited number of jurisdictions. No appellate decisions. Results likely vary by county and by judge. Anyone considering petitioning for a second-parent adoption should contact, or have their counsel contact, Lambda Legal for information and counsel.
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