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Florida Same Sex Marriage Laws

Created by FindLaw's team of legal writers and editors | Last reviewed March 20, 2018

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

Same sex marriage is legal in Florida, as in all 50 states and the District of Columbia. This is due to the landmark Supreme Court case which legalized same sex marriage throughout the United States. But that wasn’t always the case. Floridians have had a challenging history of recognizing marriage equality, including an outright ban at one point and a voter- approved constitutional amendment to several Florida court cases helping to shape the existence of marriage equality in the Sunshine State.

Today, however, those gay couples wishing to get married in Florida enjoy all the same rights and responsibilities of opposite sex couples. Read on to learn about Florida same sex marriage laws.

Florida Same Sex Marriage Laws Overview

Specifics of Florida’s same sex marriage laws are listed below. If you have questions about pre-nuptial agreements, statutory requirements for marriage, or just want more legal information, consider speaking with a Florida attorney who specializes in same sex marriage law.

Statute

Requirements for Same Sex Couples to Marry

  • Both parties must apply for a marriage license
  • Both parties must apply in person for the marriage license at the same time and pay the fee of $93.50 (as of 2017).
  • Both parties may need to present two forms of identification.
  • Both parties must be at least 18 years old
  • Two forms of identification that may be required. Acceptable forms of identification include Driver's license (U.S. state or government), Passport, U.S. military identification, State identification card (U.S. state or government), or Alien registration card.
  • If either person is a Florida resident, there is a three day delay in the effective date of the marriage license, unless the Florida resident completes a premarital course by a provider who is registered with the Clerk of the Circuit Court.

Where to Apply for a Marriage License

Was there a Marriage Ban in Place Prior to Supreme Court Ruling?

  • Yes, prior to the 2015 Supreme Court decision to legalize same sex marriage nationwide, Florida made several attempts at outlawing marriage between persons of the same sex. In 1977, the state outlawed same sex marriage by statute and added a prohibition on the recognition of marriages from other jurisdictions in 1997. Thereafter, Florida voters approved a Constitutional amendment banning both same sex marriage and civil unions.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

If you have additional questions about Florida laws, click on the following links below:

Florida Same Sex Marriage Laws: Related Resources

Questions About Florida Same Sex Marriage Laws? Talk to a Lawyer

Marriage is a huge commitment and one that you should carefully consider before entering into. Remember, as romantic as wedding bells sound, marriage is a legally binding contract between two people with many rights and obligations. If you're considering tying the knot in Florida, it's a good idea to speak with a local family law attorney who can answer any legal questions you may have about marriage.

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