LGBT rights in Florida

LGBT rights in Florida

Same-sex sexual activity legal? Legal since 2003
(Lawrence v. Texas)
Gender identity/expression Altering sex on birth certificate requires court order or SRS and legal name change
Discrimination protections None statewide
Family rights
Recognition of
relationships		 Same-sex marriage legal since 2015
Adoption Legal since 2010

LGBT people in the U.S. state of Florida face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity became legal in the state after the U.S. Supreme Court's decision in Lawrence v. Texas on June 26, 2003, while same-sex marriage has been legal in the state since January 6, 2015.

Law regarding same-sex sexual activity

After Florida became a territory of the United States in 1821, the Territorial Legislature enacted laws against fornication, adultery, bigamy, and incest, as well as against "open lewdness, or...any notorious act of public indecency, tending to debauch the morals of society."[1] Florida's first specific sodomy law, which was enacted in 1868 and made sodomy a felony, read: "Whoever commits the abominable and detestable crime against nature, either with mankind or with beast, shall be punished by imprisonment in the state prison not exceeding twenty years." In 1917, the Florida Legislature added a lesser crime, a second-degree misdemeanor: "Whoever commits any unnatural and lascivious act with another person shall be punished by fine not exceeding five hundred dollars, or by imprisonment not exceeding six months."[2]

Florida courts interpreted the 1868 law to prohibit all sexual activity between two men or two women. In 1971, the Florida Supreme Court, ruling in Franklin v. State, struck down the "crime against nature" statute as unconstitutionally vague. The court retained the state's prohibition on sodomy by ruling that anal and oral sex could still be prosecuted under the lesser charge of "lewd and lascivious" conduct.[3]

Same-sex sexual activity remained illegal in Florida until 2003, when the United States Supreme Court struck down all state sodomy laws in Lawrence v. Texas.[4] As of 2015, the state's sodomy law, though unenforceable, had not been repealed by the Florida legislature.[5]

In March 2016, a bill passed the Florida Legislature (House voted 112-5 and Senate voted 38-0) to repeal the 1868 cohabitation ban. The Governor of Florida Rick Scott signed the bill into law on April 6, 2016. The law goes into effect on July 1, 2016.[6][7][8][9] Only Michigan, Mississippi and North Carolina have similar laws on cohabitation bans.

Recognition of same-sex unions

Map of Florida counties and cities that offer domestic partner benefits either county-wide or in particular cities.
  City offers domestic partner benefits
  County-wide partner benefits through domestic partnership
  County or city does not offer domestic partner benefits

The state enacted legislation banning same-sex marriage in 1977.[10] Since the passage of Florida Amendment 2 in November 2008 by a vote of 61.9% in favor and 38.1% opposed, both same-sex marriage and civil unions have been banned by Florida's state constitution.

Amendment 2 added Article I Section 27 to the Florida constitution, which says:[11]

Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.

A U.S. district court ruled on August 21, 2014, in Brenner v. Scott that Florida's same-sex marriage ban was unconstitutional. As a result of that ruling, same-sex marriage has been legal in the state since the court's temporary injunction took effect on January 6, 2015.[12]

Nine counties, thirty cities, and one town in Florida offer domestic partnership benefits to same-sex couples.

Adoption

In 1977, partly due to the anti-gay Save Our Children campaign led by Anita Bryant in Miami, the Florida Legislature passed a law specifically prohibiting homosexuals from adopting children;[13] the statute survived several court challenges, and was upheld by the Eleventh Circuit Court of Appeals in 2004 in Lofton v. Secretary of the Department of Children and Family Services.[14]

In 2010 in the case of In re: Gill, involving a gay couple raising two foster children whom they wanted to adopt, a state appeals court upheld the ruling by a lower court that the law violated equal protection rights of the couple and the children under the Florida Constitution. The Governor and Attorney General declined to appeal the ruling further, ending Florida's 33-year-old ban on same-sex adoptions.[15]

The Florida Legislature undertook comprehensive adoption reform in 2015. The legislation repeals the 1977 ban on homosexual adoption. HB 7013, passed the Florida House of Representatives on a 68-50 vote on March 11.[16] On April 15, the Florida Senate passed the bill on a 27-11 vote.[17] Republican Governor Rick Scott signed the bill into law on June 11 and went into effect on July 1, 2015.[18][19]

Discrimination protection

Since 2000, and amended in 2007 under Florida law, nursing home and hospital visitation can not discriminate on the basis of sexual orientation, but not gender identity.[20]

Map of Florida counties and cities that have sexual orientation and/or gender identity anti–employment discrimination ordinances
  Sexual orientation and gender identity with anti–employment discrimination ordinance
  Sexual orientation with anti–employment discrimination ordinance
  Sexual orientation and gender identity solely in public employment
  Sexual orientation in public employment
  Does not protect sexual orientation and gender identity in employment

Florida state law does not address discrimination based on gender identity or sexual orientation.[14]

The counties of Broward,[21] Leon,[21] Miami-Dade,[22] Monroe,[21] Orange,[23] Palm Beach,[21] and Volusia[21] along with the cities of Atlantic Beach,[24] Cape Coral,[25] Dunedin,[21] Gainesville,[21] Gulfport,[21] Key West,[21] Lake Worth,[21] Largo,[26] Miami Beach,[21] Neptune Beach,[27] Oakland Park,[21] Orlando,[28] Tallahassee,[22] Tampa,[21] Tequesta,[29] Venice,[30] West Palm Beach,[21] and Wilton Manors[31] prohibit discrimination in employment for sexual orientation and gender identity.

The counties of Pinellas[22] and Sarasota,[32] along with the cities and towns of Delray Beach,[33] Fort Lauderdale,[22] Palm Beach Gardens,[33] Sarasota,[22] and St. Petersburg[22] Juno Beach,[33] Hypoluxo,[33] Jupiter,[33] Royal Palm Beach[33] prohibit discrimination in employment for sexual orientation only.

Hate crime laws

Florida's hate crimes law covers hate crimes based on sexual orientation, but not gender identity.[34][35][35][36]

See also

References

  1. ↑ Duval, John P. Compilation of the public acts of the Legislative Council of the Territory of Florida, passed prior to 1840. Tallahassee: Samuel S. Sibley, Printer, 1839. Sections 40–42 of "An Act relating to Crimes and Misdemeanors, 1839, p. 120
  2. ↑ Franklin v. State, Florida Supreme Court, December 17, 1971, accessed July 14, 2011
  3. ↑ Turbe, Laura A. "Florida's Inconsistent Use of the Best Interests of the Child Standard," 33 Stetson L. Rev. 369 (2003–2004), accessed July 16, 2011, pp. 377–381. See footnote 34, p. 374.
  4. ↑ New York Times: "Supreme Court Strikes Down Texas Law Banning Sodomy," June 26, 2003, accessed May 24, 2011
  5. ↑ Florida Statutes 2014, Official Internet Site of the Florida Legislature, accessed January 3, 2015 The statute reads: "800.02 Unnatural and lascivious act. — A person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A mother's breastfeeding of her baby does not under any circumstance violate this section."
  6. ↑
  7. ↑
  8. ↑
  9. ↑
  10. ↑ "Askew signs bill to ban gay marriage". Boca Raton News. June 9, 1977. Retrieved February 15, 2013.
  11. ↑ "Initiative Information - Florida Marriage Protection Amendment" (PDF). Florida Department of State, Division of Elections. February 6, 2005. Retrieved November 5, 2008.
  12. ↑ Snow, Justin (August 21, 2014). "Federal judge rules Florida same-sex marriage ban unconstitutional". Metro Weekly. Retrieved August 21, 2014.
  13. ↑ Sanlo, Ronni L. ''Unheard Voices: The Effects of Silence on Lesbian and Gay Educators'', Westport, CT: Greenwood Publishing, 1999, p. 14. Books.google.com. Retrieved November 2, 2013.
  14. 1 2 "In a Six-to-Six Vote, Federal Appeals Court Declines to Reconsider Decision Upholding Florida's Anti-Gay Adoption Law", American Civil Liberties Union in Florida, press release, July 22, 2004
  15. ↑ Victor Manuel Ramos (October 22, 2010). "Florida won't challenge end to gay adoption ban". Orlando Sentinel. Retrieved November 2, 2013.
  16. ↑ Johnson, Chris (March 12, 2015). "Fla. House approves bill to repeal gay adoption ban". Washington Blade. Retrieved April 15, 2015.
  17. ↑ Cotterell, Bill (April 14, 2015). "Florida Senate votes to remove gay adoption ban". Tallahassee Democrat. Retrieved April 15, 2015.
  18. ↑ "Gay adoption ban stricken from Florida laws after 4 decades". The Tampa Tribune. 11 June 2015.
  19. ↑
  20. ↑
  21. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 "Cities and Counties with Non-Discrimination Ordinances that Include Gender Identity". Human Rights Campaign. Retrieved May 25, 2013.
  22. 1 2 3 4 5 6 "Florida Cities & Counties with Nondiscrimination Laws". University of Central Florida. Retrieved January 5, 2013.
  23. ↑ "Victory: Orange County Passes LGBT Protections". Equality Florida. November 23, 2010. Retrieved March 28, 2012.
  24. ↑ "Atlantic Beach unanimously passes Human Rights Ordinance". First Coast News. August 11, 2014.
  25. ↑ 2014 MEI report
  26. ↑ "Employee Handbook A" (PDF). City of Largo. Retrieved March 22, 2012. Any verbal, physical, or visual conduct that belittles, demeans, denigrates, or shows hostility toward an individual or group based on [...] gender identity or expression, or similar characteristic or circumstance is prohibited.
  27. ↑ "Neptune Beach council amends city personnel policy so it protects LGBT employees". The Florida Times-Union. June 2, 2014. Retrieved June 5, 2014.
  28. ↑ Orlando Unanimously Approves Transgender Non-Discrimination Protections
  29. ↑ "Application for Employment". Village of Tequesta. March 16, 2011. Retrieved March 22, 2012. It is the policy of the Village to conduct recruitment and selection in an affirmative manner to provide equal employment opportunity to all applicants and to prohibit discrimination because of [...] gender identity or expression
  30. ↑ "Venice Votes Unanimously to Protect LGBT Community". Equality Florida. March 28, 2012. Retrieved March 28, 2012.
  31. ↑ "Personnel and Safety Rules and Regulations" (PDF). City of Wilton Manors. October 2011. Retrieved March 22, 2012.
  32. ↑ "Affirmative Action / Equal Employment Opportunity". Sarasota County. Retrieved January 14, 2013. All recruitment, hiring, training, and promotion of persons employed by Sarasota County, in all positions, are accomplished without regard to [...] sexual orientation
  33. 1 2 3 4 5 6 "Florida – Sexual Orientation and Gender Identity Law and Documentation of Discrimination" (PDF). UCLA School of Law. September 2009. Retrieved January 5, 2013.
  34. ↑
  35. 1 2
  36. ↑ Human Resources Campaign: Florida Hate Crimes Law, accessed June 6, 2013.
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