Florida

Marriage Amendment Initiative

This is the proposed initiative text for the state of Florida:

This amendment protects marriage as the legal union of only one man and one woman as husband and wife and provides that no other legal union that is treated as marriage or the substantial equivalent therof shall be valid or recognized.

Initiative Text

Statutes

Marriage Protection Act

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.
Florida Stat. Ann. § 741.212

Cases

Wilson v. Ake

*DOMA challenge

Decision

Merritt, et al., v. Gardner 

*Recognition of same-sex "marriage"

Case Files

Complaint

Lofton v. Kearney 

*Reaffirmed state ban on adoptions by gay and lesbian couples

On January 28, 2004, the Eleventh Circuit Court of Appeals affirmed the constitutionality of a Florida statute prohibiting adoption by practicing homosexuals.

Trial Court

Cite as: Lofton v. Kearney, 157 F.Supp.2d 1372 (S.D. Fla. 2001)

Complaint (266kb)
State's Motion for Summary Judgment  (1.44mb)
Plaintiffs' Memo Opposing Summary Judgment (166kb)
Lofton Affidavit  (12kb)

Trial Court Ruling (228kb)

Plaintiffs' Motion to Reconsider (133kb)
State's Memo in Opposition to Reconsideration  (1.01mb)

Court of Appeals

U.S. Court of Appeals for the 11th Circuit
Lofton v. Sec. Dept. of Children and Family
01-16723; 99-10058-CV-JLK; 07-21-2004

Appellants' Brief (215kb)
State's Answer Brief  (840kb)
Appellants' Reply Brief  (145kb)

State's Amicus Support
Florida Legislator Amicus Brief (96kb)

Appellants' Amicus Support
Child Welfare League, et al, Amicus Brief  (2.16mb)
Lambda, et al, Amicus Brief  (1.88mb)
Prof. Marcosson Amicus Brief  (929kb)

Opinion (3.85mb)

21 July 2004 - The 11^th Circuit Court of Appeals in a 6-6 decision declined to reconsider the Lofton v. Kearney same-sex adoption case. In January 2004, the Court upheld the constitutionality of the Florida statute prohibiting adoption by practicing homosexuals. 

Denial of Motion to Reconsider (348kb)

In re Marriage of Kantaras

*Transgender Marriages

More information at http://www.courttv.com/trials/kantaras/docs/

Websites

Government Website