The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 741
MARRIAGE; DOMESTIC VIOLENCE

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F.S. 741.212

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.

F.S. 741.212 on Google Scholar

F.S. 741.212 on Casetext

Amendments to 741.212

Arrestable Offenses / Crimes under Fla. Stat. 741.212

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 741.212.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WALL- DESOUSA, v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, s, 691 F. App'x 584 (11th Cir. 2017)

. . . . § 741.212 (2013), prohibited the recognition of out-of-state same-sex marriages, providing that: Marriages . . . Stat. § 741.212(1), (2) (2013). . . . However, up until January 6, 2015, § 741.212 remained legally in effect. . . . Rather, the defendants’ conduct was caused by, and constituted légal enforcement of, § 741.212, which . . . It is undisputed that, at the time of the November 5, 2014 letter, the enforcement of § 741.212 was not . . . developed record, the majority can point only to the November 5th letter, and its references to the § 741.212 . . .

COHEN, v. SHUSHAN R. Or L., 212 So. 3d 1113 (Fla. Dist. Ct. App. 2017)

. . . spouse of the Decedent, was engaged in a “legal union” with the Decedent within the meaning of section 741.212 . . . Section 741.212(3) directs Florida courts to recognize as marriages—and restricts the term “spouse” to . . . We find further support for our application of section 741.212(3) in the Fourth District’s appraisal . . . The probate court in its order noted that Obergefell invalidated portions of section 741.212(3) but that . . . We address section 741.212(3) only to point out where the probate court erred in its construction of . . . The Mejia court also relied heavily on the language of section 741.212, Florida Statutes (1999), in determining . . . parties’ heavy reliance on the reasoning set forth in Mejia that the circuit court tracked section 741.212 . . . court did not intend to embrace an expanded definition of marriage by tracking the language of section 741.212 . . . the majority has overstated the significance of the circuit court order’s brief reference to section 741.212 . . .

RUSSELL, v. A. PASIK,, 178 So. 3d 55 (Fla. Dist. Ct. App. 2015)

. . . .; § 741.212, Fla. Stat. (2011). . . .

BRANDON- THOMAS, v. BRANDON- THOMAS,, 163 So. 3d 644 (Fla. Dist. Ct. App. 2015)

. . . She pointed to section 741.212, Florida Statutes (2013), commonly known as Florida’s Defense of Marriage . . . The trial court concluded that it was bound by section 741.212 and dismissed the petition. . . . out-of-state same-sex marriages because they violate Florida’s public policy as set forth in section 741.212 . . . Stated differently, they have not established that section 741.212 or article I, section 27 of the Florida . . . Section 741.212(2) prohibits "[t]he state, its' agencies, and its political subdivisions” from giving . . . Indeed, a proper characterization of the claimed right at issue in this case demonstrates- that sections 741.212 . . . Brenner tells us that article I, section 27, of the Florida Constitution and related statutes, sections 741.212 . . . It is hard to fathom that the legislators who passed sections 741.212 and 741.04(1) envisioned a scenario . . . Unquestionably, in the trial court’s view, article I, section 27, of the Florida Constitution and section 741.212 . . . insists that procreation and traditional family units undergird article I, section 27 and sections 741.212 . . . I would note, that allowing same-sex couples to obtain a divorce does not run afoul of section 741.212 . . .

OLIVER, v. STUFFLEBEAM,, 155 So. 3d 395 (Fla. Dist. Ct. App. 2014)

. . . dismissing their petition for dissolution of their out-of-state marriage on the authority of section 741.212 . . . petition, the trial court sua sponte dismissed the petition with prejudice on the authority of section 741.212 . . . The parties did not raise the constitutionality of section 741.212 in the trial court or as a point on . . . The statute the parties wish us to “interpret” reads as follows; Section 741.212. . . . . § 741.212, Fla. Stat. (1997) (emphasis added). . . .

SHAW, v. SHAW,, 177 So. 3d 977 (Fla. Dist. Ct. App. 2014)

. . . provided notice to the Attorney General that the case involved a constitutional challenge to section 741.212 . . . , which determined that the circuit court had no jurisdiction to grant a divorce because of section 741.212 . . . legally required to give credit to the out-of-state marriage in this dissolution proceeding. .Section 741.212 . . . .; § 741.212(1), Fla. Stat. (2013). . . .

BRENNER v. SCOTT, v., 999 F. Supp. 2d 1278 (N.D. Fla. 2014)

. . . Grimsley plaintiffs all challenge Article I, § 27, of the Florida Constitution, and Florida Statutes § 741.212 . . . Florida Statutes § 741.212 provides: (1) Marriages between persons of the same sex entered into in any . . . Florida provisions on same-sex marriage: Florida Constitution, Article I, § 27; Florida Statutes § 741.212 . . .

WINDSOR, v. UNITED STATES, 699 F.3d 169 (2d Cir. 2012)

. . . . § 741.212; Ga. Const. Art. 1, § 4, I; Ga.Code Ann. § 19-3-3.1; Haw. Const. Art. 1, § 23; Haw.Rev. . . .

M. HALL, v. R. MAAL,, 32 So. 3d 682 (Fla. Dist. Ct. App. 2010)

. . . . §§ 741.21, 741.212, Fla. Stat. (2002). . . . .” § 741.212(1), Fla. Stat. (2002). . . .

GONZALEZ, GONZALEZ, v. SCHOOL BOARD OF OKEECHOBEE COUNTY,, 571 F. Supp. 2d 1257 (S.D. Fla. 2008)

. . . See § 741.212, Fla. Stat. . . . engage in married sexual relations because Florida permits marriage only between a man and a woman. § 741.212 . . .

S. BASHAWAY, v. CHENEY BROS. INC. a E., 987 So. 2d 93 (Fla. Dist. Ct. App. 2008)

. . . that Judith and Melinda were not legally married at the time of the injury and further that section 741.212 . . . See § 741.212, Fla. Stat. (2006). . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE FLORIDA MARRIAGE PROTECTION AMENDMENT, 926 So. 2d 1229 (Fla. 2006)

. . . Initially, a comparison of the proposed amendment with current law in section 741.212 of the Florida . . . Section 741.212, in pertinent part, reads: (1) Marriages between persons of the same sex entered into . . . and one woman as husband and wife, and the term “spouse” applies only to a member of such a union. § 741.212 . . . substantially alter the function of any branch of government as the State is currently applying section 741.212 . . .

L. WAKEMAN, v. B. DIXON,, 921 So. 2d 669 (Fla. Dist. Ct. App. 2006)

. . . Florida law does not recognize same sex marriages, section 741.212(1), Florida Statutes (2005), and defines . . . term “spouse'' as applying to a “legal union between one man and one woman as husband and wife.” § 741.212 . . .

In ESTATE QF M. STERILE. a k a a k a v. M., 902 So. 2d 915 (Fla. Dist. Ct. App. 2005)

. . . The facts of this case do not raise any issues under the Florida Defense of Marriage Act, section 741.212 . . .

WILSON Dr. v. L. AKE, 354 F. Supp. 2d 1298 (M.D. Fla. 2005)

. . . . § 1738C, and Florida Statutes § 741.212, unconstitutional and to enjoin their enforcement. . . . Stat. § 741.212. BAKER v. . . . But, until then, this Court is constrained to hold DOMA and Florida Statutes § 741.212 constitutionally . . . Florida Statutes § 741.212, Marriages between persons of the same sex, provides: (1) Marriages between . . . Plaintiffs’ claim that DOMA is unconstitutional and does not address the validity of Florida Statutes § 741.212 . . .

G. KANTARAS, v. J. KANTARAS,, 884 So. 2d 155 (Fla. Dist. Ct. App. 2004)

. . . . § 741.212, Fla. Stat. (Supp.1998). . . .

M. GONZALEZ- JIMENEZ DE RUIZ, v. UNITED STATES, 231 F. Supp. 2d 1187 (M.D. Fla. 2002)

. . . . § 741.212; see also American Airlines v. . . .

W. MARTIN, v. CITY OF GAINESVILLE,, 800 So. 2d 687 (Fla. Dist. Ct. App. 2001)

. . . Gainesville employment policies are forbidden “as otherwise provided by law,” including particularly section 741.212 . . .

LOFTON E. Jr. v. A. KEARNEY, s XI s, 157 F. Supp. 2d 1372 (S.D. Fla. 2001)

. . . . § 741.212 (1997). . . .

LOWE, v. BROWARD COUNTY,, 766 So. 2d 1199 (Fla. Dist. Ct. App. 2000)

. . . Lowe contends that section 741.212, Florida Statutes (1999), “directly preempt[s]” the DPA. . . . Section 741.212 provides: (1) Marriages between persons of the same sex entered into in any jurisdiction . . . Finally, as the county observes in its brief, the primary impetus behind the passage of section 741.212 . . . ]” within the meaning of section 741.212. . . . FLEETWOOD HOTEL, INC., 261 So.2d 801, 804 (Fla.1972); or (2) THE ACT IS INCONSISTENT WITH SECTIONS 741.212 . . .

AMERICAN AIRLINES, INC. v. MEJIA,, 766 So. 2d 305 (Fla. Dist. Ct. App. 2000)

. . . Section 741.212 provides as follows: “For purposes of interpreting any state statute or rule, the term . . . one woman as husband and ■wife, and the term ‘spouse’ applies only to a member of such a union.” § 741.212 . . . Law 54 of 1990 cannot be considered a marriage for purposes of Florida law, especially under section 741.212 . . .