Currently, same sex unions are not allowed in any form in Florida. In fact, they are expressly prohibited by a statute enacted in 1977 that prohibited marriages other than those between a man and a woman. Several courts have found the Florida gay marriage statute unconstitutional, but no measures have yet been passed to eliminate the statute altogether.
In 1977, legislation sponsored by State Senator Curtis Peterson was put into place that specifically banned same-sex marriage. Twenty years later, in 1997, the Florida Defense of Marriage Act was enacted, which defined marriage as between one man and one woman. The act also banned Florida from recognizing homosexual marriages performed in other states. Again, in 2008, the ban on gay marriage was restated when voters passed a Florida constitutional amendment. The amendment, which banned same-sex marriage and civil unions, was approved by 62% of voters.
The most important court case on the issue has been Brenner v. Scott, a lawsuit filed in D.C. by a same-sex couple originally married in Canada. In addition, a separate case, Grimsley v. Scott brought forward similar issues, and the cases were later consolidated. Judge Robert Lewis Hinkle ruled that the Florida bans on same-sex marriage were unconstitutional, but enforcement of the decision was stayed pending appeals from the opposition.
Since then, a number of court cases have been brought forward in an attempt to chance the law concerning Florida gay marriage and wedding equality. They include:
• Pareto v. Ruvin: decision stayed, pending appeal
• Huntsman v. Heavilin: enforcement stayed, pending appeal
• Shaw v. Shaw: recognition of relationship denied
• Brassner v. Lade: pending
A poll from Quinnipiac in April of 2014 found that 56% of voters in Florida support the rights of LGBT couples to marry. 39% are opposed to Florida gay marriage, and 5% are unsure. These numbers are a dramatic change from those reported back in 2004, where 65% of Floridians were found to oppose same-sex marriage. At the time, however, a majority did support civil unions.
