Brandon Family Law Center, LLC
Call for help

What is the state of same-sex marriage in Florida?

Back on July 17 and July 25, two circuit court judges in Florida announced rulings that were supposed to change the course of marriage law in our state for years to come. The rulings, as many of our Tampa readers probably remember, struck down the 2008 ban on same-sex marriage in the state. This was supposed to pave the way for lawful same-sex unions in the state as well as recognize marriage ceremonies that had been performed in other states and in Canada.

But changes to the law were put on hold when Florida Attorney General Pam Bondi filed a formal appeal with the Third Circuit Court of Appeals. Her appeal put a stay on any changes to the law, which will remain in place until January 5, 2015.

So where does this leave the issue of same-sex marriage in Florida?

According to Freedom to Marry, four lower court judges have already deemed the marriage ban unconstitutional. From what we have seen in other states where courts have made similar rulings, this led to a lifting of same-sex marriage bans, making way for marriages and divorces alike. Clearing the ban has also resolved many of the family law issues same-sex couples were having including disputes over child custody and adoption.

But the current stay on the rulings puts Florida residents in a sort of legal limbo. Although the courts feel that the ban is unconstitutional and against the law, they cannot force county clerks to issue marriage licenses without first receiving a ruling from the Third Circuit Court.

As you may or may not know, this court of appeals has jurisdiction over the lower courts. This means if the higher court rules in opposition of same-sex couples and remands the cases back to the lower courts, then these lower courts may have to reverse their decisions.

But while same-sex couples may not be allowed to marry before the end of 2014, next year may bring different news. This will of course depend on if the Third Circuit Court agrees with the four lower court decisions regarding the unconstitutionality of the ban.

Source: CBS Miami, "Florida AG Asks Appeals Court To Overrule Same-Sex Marriage Rulings," Nov. 18, 2014

No Comments

Leave a comment
Comment Information
Email Us For a Response

Contact Us For A Consultation

No matter what's your family's need, Brandon Family Law Center has the knowledge and experience to help you. To schedule an initial consultation to discuss your case with the experienced and caring divorce and family lawyers at Brandon Family Law Center, email or call us at 813-438-7119.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Location:

Brandon Family Law Center, LLC

Brandon Office
1038 E. Brandon Blvd.
Brandon, FL 33511

Phone: 813-438-7119
Fax: 813-654-6830
Brandon Law Office Map

Tampa Office
601 N. Ashley Dr.
Suite 1100
Tampa, FL 36602

Map & Directions

Proudly associated with

  • Florida Adoption Council
  • IACP | International Academy Of Collaborative Professionals
  • BNI
  • The Greater Riverview Chamber of Commerce