Florida has not had the best history when it comes to the rights of same-sex couples. For the longest time, the state had a law on the books that gay men and women were forbidden from adopting a child. Florida not only enacted a so-called Defense of Marriage Act statute but enshrined its opposition to same-sex marriage in the state’s constitution. Further, even once Florida courts ruled that the state must recognize marriage between people of the same sex, it was unclear whether the state would permit same-sex divorce.
Fortunately, the state has come a long way. The “gay adoption ban” is no longer on the books. The U.S. Supreme Court has ruled that a ban on the issuance of marriage licenses to same-sex couples is unconstitutional, as is a refusal of one state to recognize a same-sex marriage solemnized in another state. And it has become clear that circuit courts in Tampa Bay and around the state must give same-sex spouses the opportunity to dissolve their marriage.
So, at this point, can two parents of the same sex appear on a Florida birth certificate?