Florida’s Defense of Marriage Act

The U.S. Supreme Court is hearing arguments on the rights of lesbian and gay individuals to marry partners of the same sex, and Florida’s laws may be affected.  Currently, same sex partners are not only prohibited from entering into marriage in Florida,  but Florida law also prohibits the recognition of same sex marriages that were validly sanctioned in any other state or nation.

Related:  Five Legal Steps Florida LGBT Parents Should Take

Florida has a version of the Defense of Marriage Act (section 741.212, Florida Statutes), which reads as follows:

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.

This law goes against the long-standing policy of Florida (and Full Faith and Credit Clause of the United States Constitution) to recognize marriages that could not be validly entered into in the state but were entered into in other jurisdictions.

For the record, The Law Firm of Adam B. Cordover, P.A., supports marriage equality and Florida’s lesbian, gay, bisexual, and transgender families.

If you have questions regarding your family law rights and you wish to schedule a consultation with a Florida Family Law Attorney, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or by filling out our contact form.