After a series of defeats in recent years, the movement to legalize same-sex marriage is hoping that its unexpected victory in New York will revive efforts to legalize gay marriage around the nation. The victory on Friday in New York, arguably the nation’s economic and cultural capital, carries enormous symbolic importance for the same-sex-marriage movement. New York is now the sixth and largest state in the country where gay couples will be able to wed legally. In late July, when the New York’s law goes into effect, there will be twice as many  Americans in jurisdictions where same-sex marriage is permitted as there are today.

However, Florida’s outlook for same sex marriage is grim. After the 2008 amendment to the Florida Constitution, both same-sex marriage and civil union have been constitutionally banned in Florida.

Article 1 Section 27 of the Florida Constitution states:

“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.”

Because the law in Florida considers that there is no formal relationship between members of the same sex and unmarried couples, Estate Planning is particularly important. Same sex Couples in Florida have tools at their disposal to plan for the future, among these are Domestic Partnership Agreements. It is equally important to specify your wishes for medical care and elect your healthcare surrogate. Without these documents the hospital must keep you alive by any means necessary, no matter the cost or true desire. Provide your loved ones as much protection as possible by establishing your estate plan.

For more information on successful Florida estate planning and probate, please contact the South Florida law firm of Wild Felice & Pardo, P.A. at 954-944-2855 or via email at to schedule your free consultation.