Florida Statute 741.212 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

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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 Citing Statute 741.212

Total Results: 17

PHILIP MORRIS USA INC. and R.J. REYNOLDS TOBACCO COMPANY v. BRYAN RINTOUL, as Personal Representative of the Estate of Edward Caprio

Court: District Court of Appeal of Florida | Date Filed: 2022-05-11

Snippet: State of Florida 4 Prior to Obergefell, section 741.212, Florida Statutes (2014), governed same- sex marriage

Cohen v. Shushan

Court: District Court of Appeal of Florida | Date Filed: 2017-03-15

Citation: 212 So. 3d 1113, 2017 WL 1018422, 2017 Fla. App. LEXIS 3430

Snippet: with the Decedent within the meaning of section 741.212(3), Florida Statutes. Mali [Shushan] is therefore

Russell v. Pasik

Court: District Court of Appeal of Florida | Date Filed: 2015-10-14

Citation: 178 So. 3d 55, 2015 Fla. App. LEXIS 15177

Snippet: in the State. See Art. I, § 27, Fla. Const.; § 741.212, Fla. Stat. (2011). Likewise, the fact that they

Russell v. Pasik

Court: District Court of Appeal of Florida | Date Filed: 2015-10-14

Citation: 178 So. 3d 55, 2015 WL 5947198

Snippet: in the State. See Art. I, § 27, Fla. Const.; § 741.212, Fla. Stat. (2011). Likewise, the fact that they

Brandon-Thomas v. Brandon-Thomas

Court: District Court of Appeal of Florida | Date Filed: 2015-04-24

Citation: 163 So. 3d 644, 2015 Fla. App. LEXIS 6051, 2015 WL 1874457

Snippet: into in another state. She pointed to section 741.212, Florida Statutes (2013), commonly known as Florida’s

Oliver v. Stufflebeam

Court: District Court of Appeal of Florida | Date Filed: 2014-12-24

Citation: 155 So. 3d 395, 2014 Fla. App. LEXIS 20831

Snippet: out-of-state marriage on the authority of section 741.212 of the Florida Statutes which states that same-sex

Shaw v. Shaw

Court: District Court of Appeal of Florida | Date Filed: 2014-08-27

Citation: 177 So. 3d 977, 2014 Fla. App. LEXIS 13262, 2014 WL 4212771

Snippet: involved a constitutional challenge to section 741.212(1), Florida Statutes (2013), and article I, section

Hall v. MAAL

Court: District Court of Appeal of Florida | Date Filed: 2010-03-30

Citation: 32 So. 3d 682, 2010 Fla. App. LEXIS 4142, 2010 WL 1212794

Snippet: incestuous marriages are prohibited. §§ 741.21, 741.212, Fla. Stat. (2002). The Legislature is quite capable

Bashaway v. Cheney Bros., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2008-05-15

Citation: 987 So. 2d 93, 2008 WL 2048279

Snippet: the time of the injury and further that section 741.212, Florida Statutes (2006), prohibits recognition

Advisory Opinion Re Marriage Protection

Court: Supreme Court of Florida | Date Filed: 2006-03-23

Citation: 926 So. 2d 1229, 2006 WL 721779

Snippet: proposed amendment with current law in section 741.212 of the Florida Statutes (2005), demonstrates that

Wakeman v. Dixon

Court: District Court of Appeal of Florida | Date Filed: 2006-01-24

Citation: 921 So. 2d 669, 2006 WL 162748

Snippet: does not recognize same sex marriages, section 741.212(1), Florida Statutes (2005), and defines the term

Pierre v. Trelles

Court: District Court of Appeal of Florida | Date Filed: 2005-06-03

Citation: 902 So. 2d 915, 2005 Fla. App. LEXIS 8270

Snippet: under the Florida Defense of Marriage Act, section 741.212, Florida Statutes (1999). . The evidence established

In Re Estate of Sterile

Court: District Court of Appeal of Florida | Date Filed: 2005-06-03

Citation: 902 So. 2d 915, 2005 WL 1307668

Snippet: under the Florida Defense of Marriage Act, section 741.212, Florida Statutes (1999). [2] The evidence established

Kantaras v. Kantaras

Court: District Court of Appeal of Florida | Date Filed: 2004-07-23

Citation: 884 So. 2d 155, 2004 WL 1635003

Snippet: "spouse" applies only to a member of such a union. § 741.212, Fla. Stat. (Supp.1998). Courts in Ohio, Kansas

Martin v. City of Gainesville

Court: District Court of Appeal of Florida | Date Filed: 2001-11-30

Citation: 800 So. 2d 687, 2001 Fla. App. LEXIS 16945, 2001 WL 1518144

Snippet: provided by law," including particularly section 741.212, Florida Statutes (2000). Rejecting this basis

Lowe v. Broward County

Court: District Court of Appeal of Florida | Date Filed: 2000-09-20

Citation: 766 So. 2d 1199, 2000 Fla. App. LEXIS 11893, 2000 WL 1345513

Snippet: that section 741.212, Florida Statutes (1999), "directly preempt[s]" the DPA. Section 741.212 provides:

American Airlines, Inc. v. Mejia

Court: District Court of Appeal of Florida | Date Filed: 2000-03-01

Citation: 766 So. 2d 305, 2000 Fla. App. LEXIS 1991, 2000 WL 232758

Snippet: marriage and who will be considered a spouse. Section 741.212 provides as follows: "For purposes of interpreting