LGBT people in the US state of Florida face legal challenges not experienced by non-LGBT citizens. Sexual sexual activity becomes legal in the state after the US Supreme Court ruling at Lawrence v. Texas on June 26, 2003, while same-sex marriage has been valid in the state since January 6, 2015. Florida's law does not address discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodation. However, some towns and districts, which make up about 55% of Florida's population, have enforced anti-discrimination procedures. Conversion therapy is also banned in a number of cities in the state, especially in the Miami metropolitan area.
Video LGBT rights in Florida
Legality of same-sex sexual activity
After Florida became the territory of the United States in 1821, the Territorial Legislature enacted laws against fornication, adultery, bigamy, and incest, and against "open openness, or... public indecent acts, tended to undermine the morale of society." Florida's first sodomy law, enacted in 1868 and sodomized crime, reads: "Anyone who commits heinous and abominable crimes against nature, whether with humans or with animals, shall be punished by imprisonment in state prisons not exceeding twenty years." in 1917, the Florida Legislature added a lower crime, a second-degree crime: "Anyone who commits indecent and obscene acts with another person will be punished with a fine of no more than five hundred dollars, or with a jail not exceeding six months."
The Florida court interpreted the law of 1868 to prohibit all sexual activity between two men or two women. In 1971, the Florida Supreme Court, which ruled at Franklin v. Country , imposing a law on "crimes against nature" as unconstitutional vague. The court maintains a state ban on sodomy by deciding that anal and oral sex can still be prosecuted under a lower cost of "lewd and lewd" behavior.
Sexual sexual activity remained illegal in Florida until 2003, when the United States Supreme Court dismissed all state sodomy laws at Lawrence v. Texas . By 2017, state sodomy laws, though unenforceable, have not been repealed by the Florida Legislature.
Maps LGBT rights in Florida
Recognition of same-sex relations
The state enacted a law prohibiting same-sex marriage in 1977. Since the release of the Florida Amendment 2 in November 2008 with 61.9% vote in favor and 38.1% opposed, same-sex marriage and civil unions have been banned by the Constitution of the state of Florida..
Amendment 2 added Article I Section 27 to the Constitution of Florida, which says:
As far as marriage is a legal unity of only one man and one woman as husband and wife, no other legal union is treated as a legitimate marriage or substantial equivalent or acknowledged.
The US District Court ruled on 21 August 2014, at Brenner v. Scott that the same-sex marriage ban in Florida is unconstitutional. As a result of the decision, same-sex marriage has been legal in the state since a temporary court order came into force on 6 January 2015.
Nine districts, thirty cities, and one city in Florida offer domestic partnership benefits for same-sex couples.
In March 2016, a bill passed by the Florida Legislature (House voted 112-5 and the Senate voted 38-0) to lift the 1868 cohabitation ban. Florida Governor Rick Scott signed the bill into law on April 6, 2016. the law came into force on 1 July 2016. Only Michigan, Mississippi, and North Carolina have the same laws on cohabitation restrictions.
Adoption and parenting
In 1977, partly due to the campaign of Save Our Children anti-gay led by Anita Bryant in Miami, the Florida Legislature passed a law that specifically forbids homosexuals to adopt children; this law endured several court challenges, and was upheld by the Appeals Court of the Eleventh Circuit in 2004 at Lofton v. Secretary of the Department of Children and Family Services .
In 2010, in the case of In re: Gill , involving same-sex couples raising the two adopted children they wish to adopt, the country's appeals court upheld the verdict by a lower court that the law violated the same protective rights of couples and children under the Florida Constitution. The Governor and the Attorney General refused to appeal the verdict further, ending a 33-year ban on similar adoption in Florida.
The Florida legislature undertook a comprehensive adoption reform by 2015. This law lifted the 1977 ban on homosexual adoption. HB 7013 , passed the Florida House of Representatives on 68-50 votes on March 11th. On April 15, the Florida Senate passed a bill on 27-11 votes. Republican Governor Rick Scott signed the bill into law on June 11 and entered into force on 1 July 2015.
Birth certificate
The Florida Department of Health began enrolling both partners on birth certificates of children who had parents of the same gender on May 5, 2016. The move came after three same-sex couples filed a federal lawsuit against the state in July 2015 on practice. treat the same married couple differently by enrolling only one parent on the birth certificate of their children.
Protection of discrimination
Since 2000, and amended in 2007 under Florida law, nursing homes and hospital visits can not discriminate on the basis of sexual orientation, but gender identity is not discussed.
Florida state law does not address discrimination based on gender identity or sexual orientation. Polls show that about 75% of Floridians support LGBT protection legally from discrimination.
Alabama, Alabama, Broward, Duval, Hillsborough, Orange, Osceola, Palm Beach, Pinellas and Volusia, and cities and towns in Atlantic Beach, Boynton Beach, Delray Beach, Dunedin, Gainesville, Greenacres Gulfport, Haverhill, Jacksonville, Key West, Lake Clarke Shores, Lake Worth, Largo, Leesburg, Mascotte, Miami, Miami Beach, Mount Dora, Neptune Beach, North Port, Oakland Park, Orlando, Pembroke Pines, Sarasota, St. St. Augustine Beach, St. Augustine Petersburg, Tallahassee, Tampa, Tequesta, Venice, West Palm Beach, Wellington and Wilton Manors prohibit discrimination in employment for sexual orientation and gender identity in both the private and public sectors.
Sarasota, Cape Coral, Miami Shores and Port St. Lucie prohibits discrimination in employment on the basis of sexual orientation and gender identity in the public sector only.
Hypoluxo, Juno Beach, Jupiter, Palm Beach Gardens and Royal Palm Beach prohibit discrimination on the basis of sexual orientation both in the private and public sectors.
Coral Gables, Fort Lauderdale, Hialeah and Hollywood prohibit discrimination in employment for sexual orientation in the public sector only.
Gender identity and expression
In order for transgender people to change their legal sex in Florida, they must apply and a letter of statement to change their birth certificate, a statement from the doctor stating that they have completed the sex change operation in accordance with the appropriate medical procedures, and payment of the amendment fee.
Hates crime laws
The law of hate crime in Florida includes hate crime based on sexual orientation, but not gender identity.
Conversion therapy
On September 3, 2015, State Representative David Richardson submitted a bill to ban the use of conversion therapy in minors under LGBT. The bill was introduced to the Florida Legislature on January 12, 2016. However, he died in the House subcommittee on March 11, 2016. The same bill died in 2017.
Since July 2016, the Florida Children and Family Department prohibits facility staff from trying to change or prevent a child's sexual orientation, gender identity or gender expression.
According to a poll conducted in April 2017, 71% of Floridians supported the prohibition of conversion therapy for minors, 11% opposed the ban and 18% uncertain.
Local ban
In March 2018, several cities and counties in Florida have passed their own ban on conversion therapy in minors, namely Miami Beach, Wilton Manors, Miami, North Bay Village, West Palm Beach, Bay Harbor Islands, Lake Worth, El Portal Key West, Boynton Beach, Tampa, Delray Beach, Riviera Beach, Wellington, Greenacres, Boca Raton, Oakland Park, Palm Beach County, Gainesville and Broward County. Prohibition of conversion therapy has also been proposed or delayed in other cities, for example in Sarasota and St.. Petersburg.
Public opinion
The Religious Research Institute (PRRI) 2017 poll found that 61% of Florida's population supported same-sex marriage, while 30% opposed. 9% have not decided yet. In addition, 71% support anti-discrimination laws that include sexual orientation and gender identity. 22% opposed. PRRI also found that 62% opposed allowing public businesses to refuse to serve LGBT people due to religious beliefs, while 31% supported religious-based denials.
Summary table
See also
- LGBT History in Florida
- LGBT Rights in the United States
- The Florida Legislative Investigative Committee, also called the Johns Committee, is trying to remove homosexuals from university and state employment in Florida, 1956-1965
- Homosexuality and Citizenship in Florida , an anti-gay pamphlet published by the Johns Committee in 1964, famous at the time because of male obscene photographs involved in sexual activity
- Florida Politics
- Florida Law
- SAVE (SAVE Dade)
References
Source of the article : Wikipedia
0 Comments