Recognition of same-sex unions in Florida

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Before the legalization of same-sex marriage in Florida in January 2015, same-sex couples were able to have their relationships recognized in some Florida localities that had established a legal status known as domestic partnership.

Contents

Same-sex marriage in Florida became legal on January 6, 2015, as a result of a temporary injunction issued by a U.S. district court in the case of Brenner v. Scott , in which the state's same-sex marriage ban had been found unconstitutional on August 21, 2014. On June 26, 2015, the Supreme Court of the United States, in a landmark decision, held it unconstitutional for states to ban same sex marriage. The Court Reasoned that the Fourteenth Amendment requires a state to license same sex marriages, as well as recognize same sex marriage licenses granted in other states.

Local level

Map of Florida counties and cities that offer domestic partner benefits either county-wide or in particular cities. .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} City offers domestic partner benefits County-wide partner benefits through domestic partnership County or city does not offer domestic partner benefits Florida counties and cities with domestic partnerships.svg
Map of Florida counties and cities that offer domestic partner benefits either county-wide or in particular cities.
  City offers domestic partner benefits
  County-wide partner benefits through domestic partnership
  County or city does not offer domestic partner benefits

Although there is no statewide recognition of domestic partnerships, more than half of the population of Florida lives in counties or cities that recognize domestic partnerships. [1]

Counties

Nine of Florida's 67 counties recognize domestic partnerships.

Cities

  1. Bay Harbor Islands [11]
  2. Clearwater [12]
  3. Gainesville [13]
  4. Hialeah [14]
  5. Juno Beach [15]
  6. Jupiter [15]
  7. Key West [16]
  8. Kissimmee [17]
  9. Lake Worth [15]
  10. Margate [18]
  11. Miami [19]
  12. Miami Beach [20]
  13. Miramar [15]
  14. North Miami [15]
  15. North Port [21]
  16. Orlando [22]
  17. Pembroke Pines [18]
  18. Pensacola [23]
  19. Punta Gorda [24]
  20. Sarasota [25]
  21. South Miami [26]
  22. St. Cloud [17]
  23. St. Petersburg [27]
  24. Tallahassee [15]
  25. Tampa [28]
  26. Tavares [29]
  27. Tequesta [15]
  28. Venice [30]
  29. West Palm Beach [31]
  30. Wilton Manors [15]

Towns

  1. Palm Beach [18]

Same-sex marriage

Public opinion

March 2004 – Miami Herald and St. Petersburg Times Poll – 65% Oppose Same-Sex Marriage, Majority Support Civil Unions.
A poll conducted by The Miami Herald and St. Petersburg Times found that 65% of Floridians oppose same-sex marriage, while 27% are supportive and 8% are undecided. A majority, however, believe that same-sex couples should have equal rights as married heterosexual couples. Only 41% are supportive of President Bush's push for a constitutional ban on same-sex marriage.

July 2004 – Florida Times-Union and South Florida Sun-Sentinel Poll –
Only 2% Name Same-Sex Marriage As Most Important Issue In Presidential Election of 2004.
In a survey conducted by The Florida Times-Union and the South Florida Sun-Sentinel, 600 likely Florida voters were asked to name the most important issue determining their vote for president. 2% of those polled named same-sex marriage as their biggest concern, while 26% said it was jobs and the economy, 16% said the situation in Iraq, and 15% said the war on terrorism.

January 2009 - A January 2009 Quinnipiac poll found that 35% of Florida voters supported only civil unions and an additional 27% supported full marriage rights. 31% believed that same-sex couples should not receive any form of recognition. [32]

March 2011 - A March 2011 survey by Public Policy Polling found that 28% of Florida voters supported the legalization of same-sex marriage, while 31% supported civil unions, 37% were against all legal recognition of same-sex couples, and 4% were unsure. [33]

June 2011 - A June 2011 survey by Public Policy Polling found that 37% of Florida voters supported the legalization of same-sex marriage, while 53% opposed it and 10% were not sure. A separate question on the same survey found that 67% of Florida voters supported legal recognition of same-sex couples, with 33% supporting same-sex marriage, 34% supporting civil unions but not marriage, 31% opposing all legal recognition, and 1% not sure. [34]

June 2012- A June 2012 Public Policy Polling poll found that only a slight plurality of Florida voters believe gay marriage should be illegal. The poll found that 42% of Florida voters supported the legalization of same-sex marriage, while 45% opposed it and 13% were not sure. A separate question on the same survey found that 72% of Florida voters supported legal recognition of same-sex couples, with 37% supporting same-sex marriage, 35% supporting civil unions but not marriage, 26% opposing all legal recognition, and 3% not sure. The same poll found that 61% of Florida Democrats support same sex marriage, while 26% oppose it. [35]

An October 2012 Washington Post poll found wide support for gay marriage among Florida voters, reflecting the changing attitudes toward LGBT residents of the state. In the survey, 54% said that same sex marriage should be legal, while 33% were opposed. 13% had no opinion. [36]

A December 2012 Quinnipiac poll found voters almost evenly divided on the issue of same sex marriage. 45% of Florida residents opposed it, while 43% were in favor of it. Whites(45/44), Hispanics(46/44), Democrats(58/31), Independents(47/40), College Graduates(53/36) were generally in favor of same sex marriage. Blacks(31/60), Republicans(23/66) and voters with no college degree(39/49) were more likely to be opposed to the idea. [37]

A March 2013 Public Policy Polling survey found that 38% of Florida voters support same-sex marriage and 37% supported civil unions. [38]

An August 2013 StPetePolls survey found voters evenly divided as well, with 46.3% in favor of allowing same-sex marriage and 46.9% against. [39]

A December 2013 Public Religion Research Institute survey found that 57% of Florida residents support same-sex marriage, while 37% opposed, and 6% didn't know or refused to answer. [40]

A January 2014 Public Policy Polling poll found 47% supporting gay marriage and 44% opposed, the first time the company had found a plurality supporting it. [41]

An April 2014 Quinnipiac poll found 56% supported allowing same-sex couples to get married in Florida and 39% opposed with 5% unsure or refusing to answer. [42]

An October 2014 SurveyUSA poll found 40% supported same-sex marriage, 28% supported no recognition for same-sex couples and 27% supported civil unions. [43]

See also

Related Research Articles

A California domestic partnership is a legal relationship, analogous to marriage, created in 1999 to extend the rights and benefits of marriage to same-sex couples. It was extended to all opposite-sex couples as of January 1, 2016 and by January 1, 2020 to include new votes that updated SB-30 with more benefits and rights to California couples choosing domestic partnership before their wedding. California Governor Newsom signed into law on July 30, 2019.

Same-sex marriage in New Jersey has been legally recognized since October 21, 2013, the effective date of a trial court ruling invalidating the state's restriction of marriage to persons of different sexes. In September 2013, Mary C. Jacobson, Assignment Judge of the Mercer Vicinage of the Superior Court, ruled that as a result of the U.S. Supreme Court's June 2013 decision in United States v. Windsor, the Constitution of New Jersey requires the state to recognize same-sex marriages. The Windsor decision held that the federal government was required to provide the same benefits to same-sex couples who were married under state law as to other married couples. Therefore, the state court reasoned in Garden State Equality v. Dow that, because same-sex couples in New Jersey were limited to civil unions, which are not recognized as marriages under federal law, the state must permit civil marriage for same-sex couples. This ruling, in turn, relied on the 2006 decision of the New Jersey Supreme Court in Lewis v. Harris that the state was constitutionally required to afford the rights and benefits of marriage to same-sex couples. The Supreme Court had ordered the New Jersey Legislature to correct the constitutional violation, by permitting either same-sex marriage or civil unions with all the rights and benefits of marriage, within 180 days. In response, the Legislature passed a bill to legalize civil unions on December 21, 2006, which became effective on February 19, 2007.

In the United States, domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, opposite-sex couples. Although similar to marriage, a domestic partnership does not confer any of the myriad rights and responsibilities of marriage afforded to married couples by the federal government. Domestic partnerships in the United States are determined by each state or local jurisdiction, so there is no nationwide consistency on the rights, responsibilities, and benefits accorded domestic partners.

Same-sex marriage in Washington has been legally recognized since December 6, 2012. On February 13, 2012, Governor Christine Gregoire signed legislation that established full marriage rights for same-sex couples in the state of Washington. Opponents mounted a challenge that required voters to approve the statute at a referendum, which they did on November 6. The law took effect on December 6, and the first marriages were celebrated on December 9. Within a couple of days, more than 600 marriage licenses were issued to same-sex couples in King County alone.

<span class="mw-page-title-main">Public opinion of same-sex marriage in the United States</span>

Public opinion of same-sex marriage in the United States has changed dramatically since the late 1980s, and by the early 2020s an overwhelming majority of Americans approved of the legality of these marriages.

Same-sex marriage in Rhode Island has been legally recognized since August 1, 2013. The state had authorized a limited form of domestic partnerships from 2002 to 2011, and the formation of civil unions from 2011 until the state began recognizing same-sex marriages in 2013. Rhode Island was the last state in New England to legalize same-sex marriage.

Hungary has recognized registered partnerships since 1 July 2009, offering same-sex couples nearly all the rights and benefits of marriage. Unregistered cohabitation for same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in 1996. However, same-sex marriage is prohibited by the 2011 Constitution of Hungary, which took effect in January 2012.

<span class="mw-page-title-main">2008 Florida Amendment 2</span> Ballot measure in Florida

Florida Amendment 2 is an amendment made to the Constitution of Florida in 2008. It added Article I, Section 27 to the constitution, which defines marriage as a union only between one man and one woman, and thus bans the creation of similar unions, such as civil unions or same-sex marriage.

<span class="mw-page-title-main">LGBT rights in Nevada</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Nevada enjoy most of the same rights as non-LGBT Nevadans. Same-sex marriage has been legal since October 8, 2014, due to the federal Ninth Circuit Court of Appeals ruling in Sevcik v. Sandoval. Same-sex couples may also enter a domestic partnership status that provides many of the same rights and responsibilities as marriage. However, domestic partners lack the same rights to medical coverage as their married counterparts and their parental rights are not as well defined. Same-sex couples are also allowed to adopt, and state law prohibits unfair discrimination on the basis of sexual orientation and gender identity, among other categories, in employment, housing and public accommodations. In addition, conversion therapy on minors is outlawed in the state.

As of 2015, all 50 U.S. states and the District of Columbia legally recognize and document same-sex relationships in some fashion, be it by same-sex marriage, civil union or domestic partnerships. Many counties and municipalities outside of these states also provide domestic partnership registries or civil unions which are not officially recognized by the laws of their states, are only valid and applicable within those counties, and are usually largely unaffected by state law regarding relationship recognition. In addition, many cities and counties continue to provide their own domestic partnership registries while their states also provide larger registries ; a couple can only maintain registration on one registry, requiring the couple to de-register from the state registry before registering with the county registry.

Same-sex marriage in South Carolina has been legal since a federal court order took effect on November 20, 2014. Another court ruling on November 18 had ordered the state to recognize same-sex marriages from other jurisdictions. Following the 2014 ruling of the Fourth Circuit Court of Appeals in Bostic v. Schaefer, which found Virginia's ban on same-sex marriage unconstitutional and set precedent on every state in the circuit, one judge accepted marriage license applications from same-sex couples until the South Carolina Supreme Court, in response to a request by the Attorney General, ordered him to stop. A federal district court ruled South Carolina's ban on same-sex marriage unconstitutional on November 12, with implementation of that decision stayed until noon on November 20. The first same-sex wedding ceremony was held on November 19.

Same-sex marriage in Pennsylvania has been legally recognized since May 20, 2014, when a U.S. federal district court judge ruled that the state's 1996 statutory ban on recognizing same-sex marriage was unconstitutional. Governor Tom Corbett announced the following day that he would not appeal the decision. Pennsylvania had previously prohibited the recognition of same-sex marriage by statute since 1996, but had never added such a ban to its State Constitution.

Same-sex marriage in Ohio has been legal since the U.S. Supreme Court's ruling in Obergefell v. Hodges, a landmark decision in which the court struck down Ohio's statutory and constitutional bans on same-sex marriage on June 26, 2015. The case was named after plaintiff Jim Obergefell, who sued the state of Ohio after officials refused to recognize his marriage on the death certificate of his husband. Same-sex marriages were performed in Ohio beginning shortly after the Supreme Court released its ruling, as local officials implemented the order.

<span class="mw-page-title-main">LGBT rights in Georgia (U.S. state)</span>

LGBT residents in the U.S. state of Georgia enjoy most of the same rights and liberties as non-LGBT Georgians. LGBT rights in the state have been a recent occurrence, with most improvements occurring from the 2010s onward. Same-sex sexual activity has been legal since 1998, and same-sex marriage has been legal since 2015. In addition, the state's largest city Atlanta, has a vibrant LGBT community and holds the biggest Pride parade in the Southeast. The state's hate crime laws, effective since June 26, 2020, explicitly include sexual orientation.

<span class="mw-page-title-main">LGBT rights in Missouri</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) persons in the U.S. state of Missouri as of late have most of the same legal rights as non-LGBT persons have, but nonetheless face some legal challenges not experienced by other residents throughout the state, excluding St. Louis, Kansas City, and Columbia. Same-sex sexual activity is legal in Missouri.

The U.S. state of Texas issues marriage licenses to same-sex couples and recognizes those marriages when performed out-of-state. On June 26, 2015, the United States legalized same-sex marriage nationwide due to the U.S. Supreme Court's decision in Obergefell v. Hodges. Prior to the U.S. Supreme Court's ruling Article 1, Section 32, of the Texas Constitution provided that "Marriage in this state shall consist only of the union of one man and one woman," and "This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage." This amendment and all related statutes have been ruled unconstitutional and unenforceable. Some cities and counties in the state recognize both same-sex and opposite-sex domestic partnerships.

Same-sex marriage in Tennessee has been legal since the U.S. Supreme Court ruling in Obergefell v. Hodges on June 26, 2015. Governor Bill Haslam quickly announced that the state would abide by the court's decision, and same-sex couples began to marry in Tennessee. Previously, Tennessee had banned same-sex marriage both by statute and its State Constitution.

Same-sex marriage in Virginia has been legal since October 6, 2014, following the decision of the U.S. Supreme Court not to hear an appeal of the Fourth Circuit Court of Appeals' ruling in Bostic v. Schaefer. Same-sex marriages subsequently began at 1:00 p.m. on October 6 after the Fourth Circuit issued its mandate, and since then Virginia has performed legal marriages of same-sex couples and recognized out-of-state same-sex marriages. Previously, the state had passed a statute prohibiting same-sex marriage in 1975, and further restrictions were added in 1997 and 2004, which made "void and unenforceable" any arrangements between same-sex couples bestowing the "privileges or obligations of marriage". Voters approved an amendment to the Constitution of Virginia reinforcing the existing laws in 2006. On January 14, 2014, a U.S. district court judge ruled in Bostic that Virginia's statutory and constitutional ban on the state recognition of same-sex marriages were unconstitutional, a decision upheld by the Fourth Circuit on July 28, 2014.

<span class="mw-page-title-main">2016 Florida Democratic presidential primary</span>

The 2016 Florida Democratic presidential primary took place on March 15 in the U.S. state of Florida as one of the Democratic Party's primaries ahead of the 2016 presidential election.

Public opinion of same-sex marriage in Australia has shifted from 38% support in 2004 to consistent majority support of 61% in 2017.

References

  1. ↑ "Same-Sex Couples Can Now Register As Domestic Partners In Leon County". wfsu. May 2013. Retrieved November 14, 2013.
  2. ↑ "DOMESTIC PARTNERSHIP INFORMATION SHEET". Monroe County. Retrieved November 14, 2013.
  3. ↑ "ARTICLE VIII. DOMESTIC PARTNERSHIP ACT". Broward County. Retrieved November 14, 2013.
  4. ↑ "Agenda Item Summary" (PDF). Palm Beach County. Retrieved November 14, 2013.
  5. ↑ "ARTICLE IX. DOMESTIC PARTNERS AND FAMILY HEALTH COVERAGE". Miami-Dade County. Retrieved November 14, 2013.
  6. ↑ "Orange County approves domestic partner registry". WFTV. May 22, 2012. Retrieved July 23, 2012.
  7. ↑ "Pinellas County approves domestic partner registry". tampabay.com. Retrieved November 14, 2013.
  8. ↑ "Domestic Partnership Registry". Volusia County. Retrieved November 14, 2013.
  9. ↑ "Leon County opens domestic partnership registry on May 1". wtxl.com. April 30, 2013. Retrieved November 14, 2013.
  10. ↑ "Sarasota County OKs domestic partner registry". heraldtribune.com. Retrieved November 14, 2013.
  11. ↑ Governments Offering Benefits
  12. ↑ "Domestic Partnership Registry and Information". City of Clearwater. Archived from the original on August 4, 2013. Retrieved August 6, 2012.
  13. ↑ "Domestic Partnership Registration". City of Gainesville. Retrieved March 6, 2012.
  14. ↑ "Your Benefit Plan, City of Hialeah". City of Hialeah, Florida. Retrieved December 16, 2017.
  15. 1 2 3 4 5 6 7 8 "Florida Cities & Counties with Nondiscrimination Laws". UCF Libraries. University of Central Florida. Retrieved December 17, 2017.
  16. ↑ "Domestic Partnership Information". City of Key West. Retrieved November 14, 2013.
  17. 1 2 Patterson, Fallan (September 16, 2011). "Council OKs domestic partner benefits". Osceola News-Gazette . Retrieved March 29, 2012. St. Cloud followed Kissimmee’s lead Sept. 8 and approved domestic partner benefits for city employees
  18. 1 2 3 Margate City Commission Approves Same-Sex Health Benefits
  19. ↑ "APM 1-09: Domestic Partnerships" (PDF). City of Miami. Archived from the original (PDF) on February 28, 2014. Retrieved March 6, 2012.
  20. ↑ "MIAMI BEACH DOMESTIC PARTNERSHIP REGISTRY". City of Miami Beach. Archived from the original on November 15, 2013. Retrieved November 14, 2013.
  21. ↑ "NEW: North Port establishes domestic partner registry". heraldtribune.com. Retrieved December 10, 2013.
  22. ↑ "City of Orlando Domestic Partnership Registration Affidavit" (PDF). City of Orlando. Archived from the original (PDF) on February 27, 2012. Retrieved March 6, 2012.
  23. ↑ "Pensacola City Council OKs domestic partnerships 8-1". pnj.com. Retrieved December 13, 2013.
  24. ↑ Pinellas County approves domestic partner registry
  25. ↑ "Declaration of Domestic Partnership" (PDF). City of Sarasota. Archived from the original (PDF) on February 28, 2014. Retrieved March 29, 2012.
  26. ↑ "Ordinance No: 01-10-2026" (PDF). City of South Miami. January 14, 2010. Retrieved March 6, 2012.[ permanent dead link ]
  27. ↑ Langley, Alli (June 8, 2012). "St. Petersburg creates domestic partnership registry". Tampa Bay Times . Archived from the original on July 11, 2012. Retrieved July 5, 2012.
  28. ↑ "Domestic Partnership Registry". Tampa. Archived from the original on July 1, 2012. Retrieved July 5, 2012.
  29. ↑ "Domestic Partnership Registry". City of Tavares. Retrieved November 14, 2013.
  30. ↑ "NEW: Venice OKs domestic partnership registry". heraldtribune.com. Retrieved December 10, 2013.
  31. ↑ "Domestic Partnership". City of West Palm Beach. Retrieved November 14, 2013.
  32. ↑ "New Poll: Majority of FL OK with Gay Adoption and Relationships". Florida.bilerico.com. January 22, 2009. Retrieved December 2, 2013.
  33. ↑ "FL's Scott would get trounced by Sink in re-do election" (PDF). Public Policy Polling. March 29, 2011. Retrieved December 2, 2013.
  34. ↑ "Florida against Ryan Medicare Plan" (PDF). Public Policy Polling. July 6, 2011. Retrieved December 2, 2013.
  35. ↑ "LeBron more popular than Gov. Scott in Florida" (PDF). Public Policy Polling. Retrieved June 8, 2012.
  36. ↑ "Washington Post Poll". The Washington Post.
  37. ↑ "December 20, 2012 - Florida Voters Oppose School Reforms By Big Margins, Quinnipiac University Poll Finds; Voters Split On Same-Sex Marriage". Quinnipiac University. Archived from the original on January 8, 2013. Retrieved December 20, 2012.
  38. ↑ "Florida voters support a path to citizenship" (PDF). Public Policy Polling.
  39. ↑ "August 2013 Florida Statewide General Survey". StPetePolls.
  40. ↑ A Shifting Landscape
  41. ↑ http://www.publicpolicypolling.com/pdf/2014/PPP_Release_FL_122.pdf [ bare URL PDF ]
  42. ↑ "Florida (FL) Poll - April 30, 2014 - Crist Has 15-Point Compassion | Quinnipiac University Connecticut". Archived from the original on April 30, 2014. Retrieved May 1, 2014.
  43. ↑ "SurveyUSA Election Poll #21788".
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