What is Section 27 of the Florida Constitution?

Quick answer: What is Section 27 of the Florida Constitution?

Section 27 is the provision in the state constitution titled “Marriage defined” that was added by the 2008 Amendment 2; it remains in the published Florida Constitution text and reflects the result of the 2008 ballot measure 2008 amendment ballot text.

In practical terms, federal court rulings have made state bans on same-sex marriage unenforceable in Florida, so the presence of Section 27 in the written constitution does not stop same-sex couples from obtaining marriage licenses under current law Obergefell v. Hodges opinion.

Florida also has a separate state privacy clause, Article I, Section 23, which states that every natural person has the right to be let alone and free from governmental intrusion and is the primary state provision cited in privacy claims Florida Senate constitution publication. See related resources on constitutional rights for more context.

What the text of Section 27 says

The provision appears in the constitution under the short title “Marriage defined” and is the textual result of Amendment 2 approved by voters in 2008; readers can see the ballot language and related materials in the official amendment documents 2008 amendment ballot text.

The complete, current published Florida Constitution still includes that provision in its annotated text, and the official constitution publication provides the exact wording used in state documents Florida Senate constitution publication.

How Section 27 got into the constitution: the 2008 amendment

Voters approved Amendment 2 on November 4, 2008, which added the provision titled “Marriage defined” to the Florida Constitution; state election records document the ballot text and results from that measure 2008 amendment ballot text.

Ballotpedia and other public records summarize the amendment, its wording, and the subsequent history that left the text in place unless and until a later amendment removes or alters it Ballotpedia overview.

How federal court rulings changed enforcement of state marriage bans

The U.S. Supreme Court’s decision in Obergefell v. Hodges held that same-sex couples have a constitutional right to marry nationwide, and that ruling controls whether state-level bans can be enforced Obergefell v. Hodges opinion.

Earlier federal litigation in Florida, including decisions that challenged the state ban prior to Obergefell, contributed to the sequence of rulings that made enforcement of state-level bans impracticable in state practice ACLU press release on Brenner v. Scott.

Florida constitution privacy: Article I, Section 23 explained

Article I, Section 23 of the Florida Constitution is titled “Right of Privacy” and states, in plain terms, that every natural person has the right to be let alone and free from governmental intrusion; that clause is the primary state-level guarantee people cite when bringing privacy claims FindLaw state constitution collection. Scholarly discussion of the provision’s scope is available in law review articles such as the analysis at Stetson Law Review The Originalist Case For Why The Florida Constitution’s Right Of Privacy Protects The Right To An Abortion.

Courts and litigants in Florida routinely reference Article I, Section 23 and related statutes or case law when privacy issues arise in state courts.

The privacy provision is distinct from the marriage definition in Section 27; readers who want to understand how each provision is applied should consult the text of both clauses and the controlling case law noted below.

How Section 27 and the privacy clause differ in scope and purpose

Section 27 addresses who may marry under state law by defining marriage in the constitution, while Article I, Section 23 establishes a general personal right of privacy that limits certain government actions 2008 amendment ballot text.

What the presence of Section 27 means in practice for residents

Since the Supreme Court’s decision in Obergefell, same-sex couples have been able to obtain marriage licenses in Florida and to have those marriages recognized under controlling federal precedent Obergefell v. Hodges opinion.

At the same time, the text of Section 27 remains in the published state constitution, which can create confusion for voters and residents who read the written text without seeing how federal and state case law affects enforcement Ballotpedia overview. For local updates and announcements, watch the news page for related items.

Removing or changing the text would require a statewide constitutional amendment and voter approval, so the provision can remain in the document even when federal rulings make it unenforceable in practice Florida Senate constitution publication. For questions about the process, see contact options on the site Contact.

How a text removal or amendment would work in Florida

To remove or amend Section 27, the state constitutional amendment process must be followed; that typically requires either a legislative referral or a citizen initiative and then voter approval on the ballot, as described in official constitutional procedure materials Florida Senate constitution publication.

Details about how proposed amendments reach the ballot, including drafting requirements and vote thresholds, are available from state election authorities and explanatory resources Ballotpedia overview.

Practical examples and scenarios

Example 1: A same-sex couple goes to a county clerk’s office and applies for a marriage license; in current practice Florida issues licenses consistent with federal precedent and state practice that followed Obergefell Obergefell v. Hodges opinion.

Example 2: An individual brings a state-court privacy claim invoking Article I, Section 23; in such a case the court evaluates the privacy provision and relevant state statutes and precedents to resolve the claim FindLaw state constitution collection. Courts also publish guidance on media and confidentiality issues that touch on privacy standards MEDIA AND CONFIDENTIALITY.

Common misconceptions and how to avoid confusion

Myth: If Section 27 is in the constitution, same-sex couples cannot marry in Florida. Fact: Federal rulings make state bans unenforceable, so Section 27’s text does not block marriage rights in current application Obergefell v. Hodges opinion.

Myth: The marriage provision and the privacy clause are the same. Fact: Article I, Section 23 is the state’s express privacy guarantee and serves different purposes than the marriage definition FindLaw state constitution collection.

How to verify these claims and where to find primary sources

Official state publications such as the Florida Senate’s constitution pages and state election materials show the current text of the constitution and the ballot materials for Amendment 2 Florida Senate constitution publication.

For case law, the U.S. Supreme Court opinion in Obergefell and contemporary summaries of Florida litigation such as the press materials about Brenner v. Scott provide the controlling legal context; readers can consult those primary documents for precise holdings and dates Obergefell v. Hodges opinion. For additional scholarly context see the Notre Dame discussion of Article I, Section 23 Has the Adoption of Article I, Section 23 in the Florida Constitution.

Short timeline of key events

2008: Voters approved Amendment 2, adding the “Marriage defined” provision to the Florida Constitution 2008 amendment ballot text.

2014: Florida litigation challenged the state ban and related rulings in federal court, with decisions that affected statewide practice and led toward national review ACLU press release on Brenner v. Scott.

2015: The U.S. Supreme Court decided Obergefell v. Hodges, establishing that same-sex couples have a constitutional right to marry nationwide Obergefell v. Hodges opinion.

What voters and residents might watch next

Because removing the provision requires a statewide constitutional amendment, residents should watch for proposed referenda, legislative referrals, or citizen initiative campaigns that seek to change or remove Section 27 from the text Ballotpedia overview.

Official state election pages and explanatory resources list any proposed amendments and the ballot language voters will see, which helps residents assess what a change would do in practice Florida Senate constitution publication. For updates and announcements see the site’s news and about pages.

Conclusion: clear takeaways for voters

Section 27 remains in the written Florida Constitution as the provision titled “Marriage defined,” a result of the 2008 amendment process, but federal court rulings mean it is unenforceable against same-sex couples in current practice Obergefell v. Hodges opinion.

Florida’s primary state privacy protection is Article I, Section 23, which states that every natural person has the right to be let alone and free from governmental intrusion and is the usual basis for privacy claims in state courts FindLaw state constitution collection.

For verification, readers should consult the official constitution text and the controlling court opinions and amendment records cited above.