Before 2013, same-sex couples could legally marry only in certain states, while in others, they were limited to domestic partnerships. The landmark U.S. Supreme Court decision in United States v. Windsor (2013) was the first case in the states to grant federal recognition to same-sex marriages, ruling that the federal government could not discriminate against married gay and lesbian couples in terms of federal benefits and protections. This decision set the stage for the subsequent Supreme Court case, Obergefell v. Hodges (2015), which ultimately legalized same-sex marriage nationwide.

The right to marry ensures that LGBTQ couples have access to the same state and federal benefits, inheritance rights, and other legal protections as other married couples which includes the right go through a dissolution of marriage process in the Florida as long as the residency requirements are met.