Same-sex marriage in Florida

Same-sex marriage has been legal in Florida since January 6, 2015, as a result of a series of court decisions that the state's same-sex marriage ban violated the U.S. Constitution. On August 21, 2014, the U.S. District Court for the Northern District of Florida ruled in Brenner v. Scott that the same-sex marriage ban was unconstitutional. The order was stayed temporarily. State attempts at extending the stay failed, with the U.S. Supreme Court denying further extension on December 19, 2014. In addition, a state court ruling in Pareto v. Ruvin allowed same-sex couples to obtain marriage licenses in Miami-Dade County on the afternoon of January 5, 2015. In another state case challenging the denial of marriage rights to same-sex couples, a Monroe County court in Huntsman v. Heavilin stayed enforcement of its decision pending appeal, and the stay expired on January 6, 2015. Florida was the 35th U.S. state to legalize same-sex marriage. Polling suggests that a majority of Florida residents support the legal recognition of same-sex marriage, with a 2024 Public Religion Research Institute poll showing that 64% of respondents supported same-sex marriage.

Previously, Florida had banned same-sex marriage both by statute since 1977 and in its State Constitution since 2008. Voters approved a constitutional amendment that banned both same-sex marriage and civil unions in 2008. In addition, the state added a prohibition on the recognition of marriages from other jurisdictions in 1997. The state also imposed criminal penalties on any county clerk who issued marriage licenses to same-sex couples. These laws, while unenforceable, remain on the books.

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