As of 2020, the state's sodomy law, though unenforceable, has not been repealed by the Florida Legislature. In October 2018, during a gay sex undercover sting operation by Florida law enforcement, a judge ruled that gay sex is not illegal in a public space so long as it is within a room. In September 2020, Hillsborough County officials arrested 11 men on misdemeanor charges. Each of the 11 men had gone to a local park and struck up a conversation with another man with both eventually agreeing to having consensual sex. They were arrested on misdemeanor charges that do not involve sex crimes. The Hillsborough County Sheriff's Office published the names and mugshots of all 11 men to local news outlets. Main articles: Same-sex marriage in Florida and Recognition of same-sex unions in Florida Critics accused the Sheriff's Office of deliberately targeting gay men, asking if undercover deputies would have also arrested a man and a woman for meeting in public and agreeing to have sex. Since the passage of Florida Amendment 2 in November 2008 by a vote of 61.9% in favor and 38.1% opposed, both same-sex marriage and civil unions have been banned by the Florida Constitution.Īmendment 2 added Article I Section 27 to the Florida Constitution, which says: The state enacted legislation banning same-sex marriage in 1977.
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