Florida Bill Would Repeal State’s Ban On Same-Sex Marriage

Florida state Sen. Tina Polsky (D) has filed a bill that would repeal the Sunshine State’s currently-unenforceable law that explicitly bans same-sex marriage.

Ever since the U.S. Supreme Court overturned the long-standing Roe v. Wade decision, which protected women’s rights on abortion, LGBTQ advocates worry the high court might be persuaded to reverse its 2015 Obergefell ruling which made same-sex marriage legal across the nation.

From The Floridian:

While the 1997 statute has been inoperable since a 2015 Supreme Court ruling nixed all gay marriage bans, Sen. Polsky wants Florida to strike down its anti-gay language. 

Polsky has carried measures to repeal Florida statute 741.212 since 2021, though all attempts died either before the session began or in early committee meetings. Other lawmakers, including current state Rep. Anna Eskamani (D-Orlando), have tried since 2017 to get the bill across the finish line, but to no avail.

Some of the first anti-gay legislation in Florida was signed by Democrat Gov. Reubin Askew in 1977 when he greenlit a bill banning gay people from adopting children or getting married. That ban was upheld in 2005 by U.S. District Judge James Moody, father of Florida Attorney General Ashley Moody, Florida Politics reported.

That ban would be struck down ten years later with the groundbreaking Obergefell v. Hodges Supreme Court Case, which required states to recognize marriages between same-sex couples.

A majority of states still have unenforceable laws or constitutional amendments on the books banning same-sex marriage. Those could come back into force if Obergefell were to be overturned.

See the map below from the Movement Advancement Project.