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Florida Constitution Revision Commission

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PUB 700047: Marriage by Loyal Millett

ARTICLE I: DECLARATION OF RIGHTS, Section 27. Marriage defined.

SECTION 27.

Marriage defined.

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) The union of an opposite sex couple and the union of a same sex couple shall be valid and recognized as a marriage in this State.

(b) No religious organization, association, or society, and no individual acting in a role connected with a religious organization, association, or society, may be required or compelled to solemnize, officiate in, or recognize a marriage or religious rite of marriage in violation of their right of conscience or their free exercise of religion.

(c)(1) Every public officeholder of the State and its political subdivisions who are lawfully permitted to perform marriages, has the right to recuse from performing all lawful marriages based upon any sincerely-held religious objection. The recusing public officeholder may not perform any marriage until the recusal is rescinded.

(2) Every public officeholder of the State and its political subdivisions who are lawfully permitted to issue marriage licenses, has the right to recuse from issuing all marriage licenses based upon a sincerely-held religious objection. The recusing public officeholder may not issue marriage licenses until the recusal is rescinded.

(3) "Political subdivisions" shall include without limitation the counties and municipalities.