Same-sex marriage has been legally recognized in Florida since January 6, 2015, as a result of Brenner v. Scott, the lead case on the issue. In this case, a U.S. district court ruled the state’s same-sex marriage ban unconstitutional on August 21, 2014. The order was stayed temporarily; state attempts at extending the stay failed, with the U.S. Supreme Court denying further extension on December 19, 2014.
Furthermore, a state court ruling in Pareto v. Ruvin allowed same-sex couples to obtain marriage licenses in Miami-Dade County on the afternoon of January 5, 2015. In another state case challenging the state’s denial of marriage rights to same-sex couples, a Monroe County court in Huntsman v. Heavilin stayed enforcement of its decision pending appeal and the stay expired on January 6, 2015.
The state banned same-sex marriage by statute in 1977 and added a prohibition on the recognition of marriages from other jurisdictions in 1997. Voters approved an amendment that banned both same-sex marriage and civil unions in 2008. The state also imposed criminal penalties on any court clerk to issue a marriage license to a same-sex couple.
JLA has experience in same sex marriage, particularly in the drafting of pre-nuptial agreements (antenuptial). It is highly recommended that as a result of the rapid changes taking place in this area of the law that same sex couples obtain the advise of counsel and have a prenup prepared and executed prior to marriage.