- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✖ State-enforced
- Changing Gender
- ✖ Illegal
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Recent surveys in Florida indicate a moderate level of acceptance for LGBTQ+ rights in specific areas.
OPPOSE
SUPPORT
Perception of LGBTQ+ People
Survey results from 21 LGBTQ+ Equaldex users who lived in or visited Florida.
Overall
Perceived Safety**Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.
Equal Treatment
Visibility & Representation
Culture
Services
History
Same-sex marriage in Florida is legal.
Current status
Since Jan 6, 2015
Legal
Same-sex marriage has been legal statewide in Florida since January 6th, 2015.
Varies by Region
In Miami-Dade County, same-sex couples were able to marry one day before the rest of the state was able to. This is because Circuit Judge Sarah Zabel lifted a stay on a ruling from a state court case, Pareto v. Ruvin. This legalized same-sex marriage in Miami-Dade County only.
Banned
In 1977, Florida Gov. Reubin Askew signed a bill that banned same-sex couples from marrying. The bill also banned same-sex couples from adopting children.
Censorship of LGBT issues in Florida is state-enforced.
Current status
Since Jul 1, 2022
State-enforced
Florida HB 1557 bans discussions of sexuality and gender identity in public schools. It also prohibits districts from withholding information from parents unless they believe it may result in abuse/neglect. It also mandates parents to screen any health questionnaires before the school year begins. Districts that violate this policy can be sued for statutory damages and court fees. As of 2023, it was expanded to 12th grade. There were also numerous other changes to the bill.
Right to change legal gender in Florida is illegal.
Current status
Since Jan 26, 2024
Illegal
The Florida DMV made a change requiring sex at birth to be the determiner for the gender marker on Florida Driver's Licenses. Deputy Director issued a memo saying allowing someone to change their gender "undermines the purpose of an identification record and can frustrate the state's ability to enforce its laws." The rule also makes holding a Florida drivers license with a gender marker differing to that of the sex assigned at birth a potential cause for criminal prosecution and loss of their license.
Legal, but requires medical diagnosis
In Florida you have the right to change your gender on your birth certificate and driver's license. In both cases, a physician is required to attest that you are receiving "appropriate treatment". What exactly is considered appropriate seems to be at the discretion of the physician. As such, surgery is not required.
Additionally, before beginning hormone therapy, adults are required to have a psychological evaluation performed by a Florida-licensed psychologist or psychiatrist and then every two years thereafter. At the end of June, the Florida Board of Medicine adopted an emergency rule giving patients already on treatment six months to adapt to the new requirements.
Additionally, before beginning hormone therapy, adults are required to have a psychological evaluation performed by a Florida-licensed psychologist or psychiatrist and then every two years thereafter. At the end of June, the Florida Board of Medicine adopted an emergency rule giving patients already on treatment six months to adapt to the new requirements.
Gender-affirming care in Florida is restricted.
Current status
Since Aug 26, 2024
Restricted
SB 254, a bill which heavily restricts gender-affirming care became law again, after a new ruling from the 11th Court of appeals stated that the law was constitutional.
Legal
SB 254, restricted gender affirming care for adults, and banned it for minors under the age of 18. Federal court Judge Robert Hinkle has permanently blocked the bill from ever being enacted. He cited that gender affirming care was necessary for everyone. The court case was originally filed in December 2023, along side GLAD, Southern Legal Florida, and Human Rights Campaign of Florida.
Restricted
SB 254 bans all gender-affirming care for minors and some adults. Adults have to go through only a certified physician and have to go through rigorous mental health checks with board-certified psychiatrists. SB-254 also arrests "government entities" for administering gender-affirming care.
Legal, but banned for minors
In 2022, Florida’s Board of Medicine banned gender affirming healthcare for trans youth.
Legal recognition of non-binary gender in Florida is not legally recognized.
Current status
Not legally recognized
Florida does not legally recognize a third gender.
LGBT discrimination in Florida is illegal in some contexts.
Current status
Since 2009
Illegal in some contexts
There is full discrimination protection in 24 cities and 11 counties in Florida. As well as sexual orientation protection under Florida hate crime law. state wide gender identity discrimination protection under section VII. Some cities and counties have offered some protection, but at the state level there is none.
LGBT employment discrimination in Florida is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Sexual orientation only
President Trump's Department of Justice and the EEOC revoked protections for gender identity in employment discrimination. No protections exist at the state level.
Sexual orientation and gender identity
The Equal Employment Opportunity Commission has ruled that “[A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex”, and are barred by the Civil Rights Act of 1964. This ruling applies at both the state and federal levels. No statewide protections exist.
Gender identity only
In a landmark decision, Democratic President Obama's EEOC ruled that gender identity was included under Title VII protections from the Civil Rights Act (originally written to protect people based on sex discrimination). No protections exist at the state level.
LGBT housing discrimination in Florida is no protections.
Current status
Since Dec 16, 2014
No protections
Florida has no known protections for LGBTQ people looking for housing or people who have housing. As of 2020, there was a bill that was in motion for LGBTQ people for housing but it died in the Civil Justice Subcommittee.
Until Dec 16, 2014
No protections
Florida does not provide any legal protections from discrimination based upon sexual orientation or gender identification.
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity. HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted housing in every state (March 2012)."
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity. HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted housing in every state (March 2012)."
Same-sex adoption in Florida is legal.
Current status
Since Aug 20, 2018
Legal
Single adoption by unmarried individuals, joint adoption by married couples and second parent adoption by married couples are all legal.
Until Aug 20, 2018
Single only
Florida §3.042 specifies any individual may adopt, but married couples may only adopt when engaged in a male/female marriage. Second-parent adoption is granted in some cases to same-sex parents, but it varies widely by judge and county. Second-parent adoption has only been ruled on in lower courts; no appellate court case law, nor state statute, dictates the legality of it.
Intersex infant surgery in Florida is not banned.
Current status
Not banned
Florida has made no attempts to ban intersex surgeries for infants, they have restricted gender affirming care. Hospitals are able to give surgeries to infants if it is deemed medically necessary to save the child's life. Intersex is also classed under Disorders of Sex Development (DSD) and may not be offered unless it's medically necessary like giving the child medical issues that need to be addressed, like endangering the child's life span.
The state's several attempts, some of which succeeded, to ban or restrict GAC, most of which include exceptions for intersex people.
The state's several attempts, some of which succeeded, to ban or restrict GAC, most of which include exceptions for intersex people.
Serving openly in military in Florida is legal.
Current status
Since Mar 18, 2025
Legal under federal United States law
On the evening of March 18th, U.S. District Judge Ana Reyes blocked the implementation of Trump's executive order banning transgender people from the military. The judge said that not only was the order unconstitutional but “a solution in search of a problem.”.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
Secretary of Defense Pete Hegseth filed in court a memo on February 10th, 2025 relating to President Trump’s executive order from the previous month.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
Legal under federal United States law
President Joe Biden removed former President Donald Trump’s ban on transgender people serving in the military, and transgender people are still allowed to serve as of 2025.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in Florida is legal.
Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Conversion therapy in Florida is not banned.
Current status
Since Nov 20, 2020
Not banned
Countless jurisdictions in Florida have banned conversion therapy. However all these bans were rendered null on November 20, 2020 when the 11th Circuit Court of Appeals voted against Boca Rotan's ordinance and other surrounding municipialities in Palm Beach County as against the first amendment. Several organizations came out against the ruling after. This decision created a circuit split.
Equal age of consent in Florida is equal.
Current status
Since 1997
Equal
There is no language used in law to differentiate consent between gay or heterosexual sex.
United States Equality Rank
#68
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