LGBT rights in Florida
Encyclopedia
LGBT people in the U.S. state
of Florida face legal challenges not experienced by non-LGBT
residents.
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."
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."
Florida courts interpreted the 1868 law to prohibit all sexual activity between two men or two women. In 1971, the Florida Supreme Court
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.
Same-sex sexual activity remained illegal in Florida until 2003, when the United States Supreme Court struck down all state sodomy laws with Lawrence v. Texas
. As of mid-2011, the state's sodomy law, though unenforceable, had not been repealed by Florida legislators.
in November 2008 by a vote of 61.9% in favor and 38.1% opposed, both same-sex marriage
and civil union
have been banned by Florida's state constitution.
Amendment 2 added Article I Section 27 of the Florida constitution, which says:
A March 2011 survey by Public Policy Polling
found that 28% of Florida voters supported the legalization of same-sex marriage
, 31% supported civil unions for same-sex couples but not marriage, 37% opposed all legal recognition of same-sex relationships, and 4% were unsure.
campaign led by Anita Bryant
in Miami, the Florida Legislature
passed a law specifically prohibiting homosexuals from adopting children; the statute survived several court challenges, and was upheld by the United States Court of Appeals for the Eleventh Circuit
as recently as 2004.
However, 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, thus ending Florida's 33-year-old ban on same-sex adoptions.
As of mid-2011, however, the 1977 prohibition on homosexual adoption remained part of Florida Statutes.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Florida face legal challenges not experienced by non-LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
residents.
Law regarding same-sex sexual activity
After Florida became a territoryFlorida Territory
The Territory of Florida was an organized incorporated territory of the United States that existed from March 30, 1822, until March 3, 1845, when it was admitted to the Union as the State of Florida...
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."
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."
Florida courts interpreted the 1868 law to prohibit all sexual activity between two men or two women. In 1971, the Florida Supreme Court
Florida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
struck down the "crime against nature" statute as unconstitutionally vague. The court retained the state's prohibition on sodomy by ruling that anal
Anal sex
Anal sex is the sex act in which the penis is inserted into the anus of a sexual partner. The term can also include other sexual acts involving the anus, including pegging, anilingus , fingering, and object insertion.Common misconception describes anal sex as practiced almost exclusively by gay men...
and oral sex
Oral sex
Oral sex is sexual activity involving the stimulation of the genitalia of a sex partner by the use of the mouth, tongue, teeth or throat. Cunnilingus refers to oral sex performed on females while fellatio refer to oral sex performed on males. Anilingus refers to oral stimulation of a person's anus...
could still be prosecuted under the lesser charge of "lewd and lascivious" conduct.
Same-sex sexual activity remained illegal in Florida until 2003, when the United States Supreme Court struck down all state sodomy laws with Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
. As of mid-2011, the state's sodomy law, though unenforceable, had not been repealed by Florida legislators.
Recognition of same-sex unions
Since the passage of the Florida Amendment 2Florida Amendment 2
Florida Amendment 2 was an amendment made to the Constitution of Florida in 2008. It added Article I, Section 27 to the constitution, which defines marriage as a union only between one man and one woman, and thus bans the creation of similar unions, such as civil unions or same-sex...
in November 2008 by a vote of 61.9% in favor and 38.1% opposed, both same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
and civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
have been banned by Florida's state constitution.
Amendment 2 added Article I Section 27 of the Florida constitution, which says:
- 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 March 2011 survey by Public Policy Polling
Public Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...
found that 28% of Florida voters supported the legalization of same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
, 31% supported civil unions for same-sex couples but not marriage, 37% opposed all legal recognition of same-sex relationships, and 4% were unsure.
Adoption
In 1977, partly due to the anti-gay Save Our ChildrenSave Our Children
Save Our Children, Inc. was a political coalition formed in 1977 in Miami, Florida, U.S. to overturn a recently legislated county ordinance that banned discrimination in areas of housing, employment, and public accommodation based on sexual orientation...
campaign led by Anita Bryant
Anita Bryant
Anita Jane Bryant is an American singer, former Miss Oklahoma beauty pageant winner, and gay rights opponent. She scored four Top 40 hits in the United States in the late 1950s and early 1960s, including "Paper Roses", which reached #5...
in Miami, the Florida Legislature
Florida Legislature
The Florida State Legislature is the term often used to refer to the two houses that act as the state legislature of the U.S. state of Florida. The Florida Constitution states that "The legislative power of the state shall be vested in a legislature of the State of Florida," composed of a Senate...
passed a law specifically prohibiting homosexuals from adopting children; the statute survived several court challenges, and was upheld by the United States Court of Appeals for the Eleventh Circuit
United States Court of Appeals for the Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama...
as recently as 2004.
However, in 2010 in the case of In re: Gill
In re: Gill
In re: Gill is a landmark Florida court case that in 2010 ended Florida's 33-year ban on adoptions by homosexuals. In 2007 Frank Martin Gill, an openly gay man, had petitioned the circuit court to adopt two boys that he and his partner had been raising as foster children since 2004...
, 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
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
rights of the couple and the children under the Florida Constitution
Florida Constitution
The Constitution of the State of Florida is the document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of Florida, and establishes the basic law of the state....
. The Governor and Attorney General declined to appeal the ruling further, thus ending Florida's 33-year-old ban on same-sex adoptions.
As of mid-2011, however, the 1977 prohibition on homosexual adoption remained part of Florida Statutes.
See also
- Florida Legislative Investigation CommitteeFlorida Legislative Investigation CommitteeThe Florida Legislative Investigation Committee was established by the Florida Legislature in 1956, during the era of the Second Red Scare and the Lavender Scare...
, also called the Johns Committee, which tried to eliminate homosexuals from universities and state employment in Florida, 1956-1965 - Homosexuality and Citizenship in FloridaHomosexuality and Citizenship in FloridaHomosexuality and Citizenship in Florida, also known as the Purple Pamphlet, was published in January 1964 by the Florida Legislative Investigation Committee of the Florida legislature led by Senator Charley Johns. The booklet contained several pornographic images and a glossary of terminology used...
, anti-gay pamphlet published by the Johns Committee in 1964, notorious at the time because of its lewd photographs of men engaged in sexual activity - Franklin v. StateFranklin v. StateFranklin v. State, 257 So.2d 21 , was a case in which the Florida Supreme Court struck down Florida's sodomy law as being "unconstitutional for vagueness and uncertainty in its language, violating constitutional due process to the defendants." The court retained the state's prohibition on sodomy...
, 1971 Florida Supreme Court ruling that overturned the 1868 "crimes against nature" act - Politics of Florida