Is gay marriage legal in Florida – Latest From 2023’s Same-Sex Marriage Law

Florida, also called the Sunshine State, is growing fast. The economy is doing well, and more people are considering moving there. One reason is no tax, and the economy is improving. Florida is a good choice for families, young adults, and professionals. But, same-sex couples wonder is gay marriage legal in Florida. Many are curious about this.

To manage this question for same-sex couples, we drove comprehensive research and gathered information based on verified facts.

Now, let’s delve into the content more deeply.

Is Gay Marriage Legal In Florida?

is gay marriage legal in Florida - FLTrendz

Florida courts banned same-sex marriage in 1964, ruled it unconstitutional, and ultimately abolished it. However, the same-sex marriage ban that was also ruled unconstitutional in 2015 remains on the books in Florida. And some lawmakers in legislative session say they want it gone, to marriage between a man and a woman.

That was a widely held opinion in 2008 when 61% of Florida voters decided to ban gay marriage. When we know more and can understand more, we often think differently, and people have.

A Floridian federal judge in 2015 ruled the ban unconstitutional. So did the United States Supreme Court that same year.

Nearly eight years later, the law is still on the books. Some things may be on the books as legal, but that doesn’t make them ethical.

The counselor and author of Healthy Relationship in an Unhealthy World, Dr. Laura Streffler, says it sends an unjust message.

It is just like to speak to the gay and lesbian community that we don’t support you. We don’t support you and your unions; you love each other.

Dr. Laura Streffler

That message is very harmful for that reason. Democratic lawmakers want it removed from state law. That bill gets filled frequently.

From Boca Raton, Sen Tina Polsky filed a bill on 14 December asking for the “[deletion of] a prohibition on the recognition of same-sex marriages; deleting a prohibition on the state and its agencies and subdivisions giving effect to a public act, record, or judicial proceeding that respects a same-sex marriage or relationship or a claim arising from such marriage or relationship; deleting the definition of the term “marriage”; providing an effective date.”

Related: Biden signs same-sex marriage bill at White House ceremony

A law has been signed by President Joe Biden that lets gay couples get married. It was signed in front of a big crowd, showing that more and more people are okay with same-sex couples getting married.

“This law and the love it protects help fight against all kinds of hate. That’s why this law is important for every American.”

Biden spoke on the White House lawn

The new law is there to make sure gay marriages are safe, especially if the highest court in the U.S., called the Supreme Court, changes its mind about a decision from 2015 that made same-sex marriages legal all over the country and recognized same-sex.

Also Read: Best Places To Live In Florida For Young Adults

According to Supreme Court ruling, the law also helps protect marriages between people of different races.

A long time ago, in 1967, the Supreme Court ruled, in a case called Loving v. Virginia, that it would be illegal for states to stop people from different races from getting married.

Bill History (Removal of Same-Sex Marriage Ban)

Bill NumberH 219
SubjectMarriage b/w persons of the same sex
Filed ByRyner-Goolsby
Last Action5-5-2023
LocationDied in Civil Justice Subcommittee
The Florida Senate
SenateReferred to Judiciary; Community Affairs; Rules1-4-2023
SenateDied in Judiciary5-5-2023
The Florida Senate

Prenuptial & Postnuptial Agreements

Because of the recent changes in the law, couples who want to get married now have some new things to think about. One important choice is whether they want to make a prenuptial agreement.

This agreement is helpful for a few reasons. It decides what happens to money and support if the couple ever gets divorced. It also sets rules about what one spouse can inherit if the other dies.

Talking about a prenuptial agreement is a good way for a couple to have an open and honest conversation about their plans for the future before they get married. Even if a couple is already married, they can still think about agreeing to this later, and it’s called a postnuptial agreement.

Ownership Rights and Financial Decisions

Before getting married, It’s important to think about money. Talk about how to handle money, spending, debt, and savings for the future.

In marriage equality, things earned or bought during the marriage are shared between both spouses. If the marriage ends, property and debts are divided. But these rules don’t apply to unmarried couples. For example, if one person uses a credit card for the partner’s benefit, they are responsible for the debt even if they break up.

Laws for property and obligations after a breakup differ for unmarried couples. Also, if someone gets money from a past marriage, it might stop when they marry again.

Progeny Planning

Couples talk about having kids and taking care of kids from earlier relationships before getting married. Same-sex couples can adopt kids in Florida, the U.S., and other countries. If one spouse has kids from before, their partner can adopt them too.

Surname Changings

Many couples like to have the same last name when they marry. In Florida, changing your name is easier after marriage, divorce, or adoption than updating your social security card.

If you are married, you can use your marriage certificate to change your name on essential documents. Same-sex couples benefit from the more straightforward name change process through marriage.

Getting a marriage license in Florida

Florida residents have a three-day waiting period after they apply for a marriage license before they can marry. Alternatively, residents may take a 4-hour counseling session; those who do so will receive a small discount on the license, and their license will be valid immediately.

Non-residents are not subject to the waiting period or the counseling session. The current cost of a marriage license is $86.

Lastly, the marriage license must be used for both residents and non-residents within 60 days of applying.

Apply in Person Together

  • The first option is in person at the County Courthouse. Couples can obtain a marriage license at any County Courthouse in the State of Sunshine, Florida, for use anywhere in Florida.
  • Blood tests are not required; both parties must be 18 or older unless they accompany a guardian.
  • Bring Proper ID: Proper Identification, such as a driver’s license, certified copy of birth certificate, or passport, is necessary.
  • Divorce Decree May Be Required: A copy of the divorce decree is required if a previous marriage ended in divorce within 90 days in Florida statutes or in the past year outside of the state.

Both parties must be present to obtain the license and have a copy of their social security card as applied.

Apply Via Mail

Brevard County in South Florida offers a service where you can send in your application. Brevard County will send you all the documents you need to complete, and then you will send back completed notarized forms and payments. And Brevard County will mail you the license. It happens within 60 days, so you can wait to do it.

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