Florida Statutes

Fla. Stat. § 741.212 (2025)

Marriages between persons of the same sex.

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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.

History.—s. 1, ch. 97-268.

Notes of Decisions

Cited in 29 cases (1 in the last 5 years), 2000–2022 · leading case: Cohen v. Shushan, 212 So. 3d 1113 (Fla. 2d DCA 2017).

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Cohen v. Shushan, 212 So. 3d 1113 (Fla. 2d DCA 2017). · cites it 30× “The Mejia court also relied heavily on the language of section 741.212, Florida Statutes (1999), in determining that the status of unión under Columbian law was not the equivalent of a common law marriage.”

Wilson v. Ake, 354 F. Supp. 2d 1298 (M.D. Fla. 2005). · cites it 6× “9-18; Fla. Stat. § 741.212 . 6 BAKER v. NELSON The United States argues that this Court is bound by the United States Supreme Court’s decision in Baker v.”

Advisory Opinion Re Marriage Prot., 926 So. 2d 1229 (Fla. 2006). · cites it 5× “§ 741.212, Fla. Stat. (2005). The proposed amendment is essentially inserting this statutory scheme into the constitution with language substantially similar to the statutory provision itself.”

Windsor v. United States, 699 F.3d 169 (2d Cir. 2012). · cites it 2× “As the Massachusetts Supreme Court stated when it held that the Massachusetts 13 state constitution required allowing same-sex couples to marry, “[t]he genius of our Federal 9-11-107, 9-11-208; Cal. Const.”

Lowe v. Broward Cnty., 766 So. 2d 1199 (Fla. 4th DCA 2000). · cites it 5× “Lowe contends that section 741.212, Florida Statutes (1999), "directly preempt[s]" the DPA.”

Wakeman v. Dixon, 921 So. 2d 669 (Fla. 1st DCA 2006). · cites it 4× “" [2] Florida law does not recognize same sex marriages, section 741.212(1), Florida Statutes (2005), and defines the term "spouse" as applying to a "legal union between one man and one woman as husband and wife.”

Brenner v. Scott, 999 F. Supp. 2d 1278 (N.D. Fla. 2014). · cites it 3× “The Challenged Provisions The Brenner and Grimsley plaintiffs all challenge Article I, § 27, of the Florida Constitution, and Florida Statutes § 741.212. The Brenner plaintiffs also challenge Florida Statutes § 741.”

Lewis v. Harris, 908 A.2d 196 (N.J. 2006). “13, § 101 ; Fla. Stat. § 741.212 ; Idaho Code Ann. § 32-201 ; 750 Ill.”

Conaway v. Deane, 932 A.2d 571 (Md. 2007). “13, § 101; Fla. Stat. § 741.212 ; Idaho Code § 32-201 (Michie); 750 III.”

In Re Est. of Sterile, 902 So. 2d 915 (Fla. 2d DCA 2005). · cites it 2× “NOTES [1] The facts of this case do not raise any issues under the Florida Defense of Marriage Act, section 741.212, Florida Statutes (1999).”

Andersen v. King Cnty., 138 P.3d 963 (Wash. 2006). “title 13, § 101 (Michie 1999) Florida: Fla. Stat. § 741.212 (2005) *Georgia: Const.”

Gonzalez-Jimenez De Ruiz v. United States, 231 F. Supp. 2d 1187 (M.D. Fla. 2002). · cites it 2× “See Fla. Stat. § 741.212 ; see also American Airlines v.”

Show all 29 citing cases →

— 741.212(1) — 5 cases

Wakeman v. Dixon, 921 So. 2d 669 (Fla. 1st DCA 2006). “" [2] Florida law does not recognize same sex marriages, section 741.212(1), Florida Statutes (2005), and defines the term "spouse" as applying to a "legal union between one man and one woman as husband and wife.”

Hall v. MAAL, 32 So. 3d 682 (Fla. 1st DCA 2010).

Nat'l Pride at Work, Inc v. Governor, 748 N.W.2d 524 (Mich. 2008).

Shaw v. Shaw, 177 So. 3d 977 (Fla. 2d DCA 2014).

Brandon-Thomas v. Brandon-Thomas, 163 So. 3d 644 (Fla. 2d DCA 2015).

— 741.212(2) — 1 case

Brandon-Thomas v. Brandon-Thomas, 163 So. 3d 644 (Fla. 2d DCA 2015).

— 741.212(3) — 3 cases

Cohen v. Shushan, 212 So. 3d 1113 (Fla. 2d DCA 2017). “The Mejia court also relied heavily on the language of section 741.212, Florida Statutes (1999), in determining that the status of unión under Columbian law was not the equivalent of a common law marriage.”

Am. Airlines, Inc. v. Mejia, 766 So. 2d 305 (Fla. 4th DCA 2000).

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