State Laws and Legislation

Florida Marriage/Relationship Recognition Law

Licenses marriages for same-sex couples? No.
Florida law states: “No county court judge or clerk of the circuit court in this state shall issue a license for the marriage of any person … unless one party is a male and the other party is a female.” On Nov. 4, 2008, voters amended the state constitution to provide that “Inasmuch as a 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.”

Honors marriages of same-sex couples from other jurisdictions? No.
Florida law states: “Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside of 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, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state. 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 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. 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.” Also, please note the amendment to the state constitution, discussed above.

Any form of statewide relationship recognition for same-sex couples? No.

Citations: FLA. STAT. §741.04; FLA. STAT. § 741.212.

Updated: Fri, November 14, 2008 - 12:00:39