Florida Sex Laws

http://leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes

Last update: 9/7/2014

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From:

http://www.freedomtomarry.org/pages/marriage-rulings-in-the-courts

Brenner v. Scott

August 21, 2014 • 4 Federal Court Ruling

Federal court decision declaring that same-sex couples in FL have the freedom to marry and that marriages legally performed in other states must be respected. Ruling stayed pending appeal to the 11th Circuit Court of Appeals.

Florida State Marriage Cases

July/August 2014 • 4 State Court Rulings

In July and August, 4 marriage rulings were issued in state court in 4 counties. In two rulings, judges struck down marriage bans altogether; in one, a judge ruled that marriages between same-sex couples legally performed in other states must be respected in Florida; and in a fourth, a judge narrowly ruled that a widower's marriage to his deceased husband must be respected.

The four cases:

In Re Estate of Bangor (8/5/14, impacting Palm Beach County);

Brassner v. Lade (8/4/14, impacting Broward County);

Pareto v. Ruvin (7/25/14, impacting Miami-Dade County);

Huntsman v. Heavilin (7/17/14, impacting Monroe County).

November 4, 2008: Florida voters approve a ballot measure that amends the state constitution to limit marriage to opposite-sex couples and ban civil unions. The amendment says, “Inasmuch as marriage is the legal union of only one man and one woman, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.”

July 14, 2014: Circuit Judge in Monroe County ruled the constitutional amendment was in violation of the US Constitution. The ruling was limited to performing marriages in Florida and did not address the question of recognition of out-of-state marriages. The ruling was stayed pending appeal. [18]

July 25, 2014: Circuit Judge in Miami-Dade County ruled the constitutional amendment was in violation of the US Constitution. The ruling was limited to performing marriages in Florida and did not address the question of recognition of out-of-state marriages. The ruling was stayed pending appeal. [19]

August 21, 2014: U.S. District Judge ruled that the gay-marriage ban in the state of Florida violates the Fourteenth Amendment to the United States Constitution, specifically the amendment's Equal Protection Clause. [20]

Texts : * Florida Constitution - Article I. Declaration of rights : Section 27. Marriage defined. - 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.

Florida Statutes Annotated - Title XLIII. Domestic relations - Chapter 741. Marriage; Domestic violence.

Section 741.04. Marriage license issued.

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.

Section 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.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

The 2014 Florida Statutes

TITLE XLVI CRIMES, Chapter 798 ADULTERY; COHABITATION,

798.01 Living in open adultery.—Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.

History.—s. 1, ch. 1986, 1874; RS 2595; GS 3518; RGS 5406; CGL 7549; s. 772, ch. 71-136.

798.02 Lewd and lascivious behavior.—If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 6, ch. 1637, 1868; RS 2596; GS 3519; RGS 5407; CGL 7550; s. 773, ch. 71-136.