Florida Amendment 2 (2008)

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Florida Amendment 2 is an amendment made to the Constitution of Florida in 2008. It added Article I, Section 27 to the constitution, which defines marriage as a union only between one man and one woman, and thus bans the creation of similar unions, such as civil unions or same-sex marriage.

A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant most or all of the rights of marriage except the title itself. Around the world, developed democracies began establishing civil unions in the late 1990s, often developing them from less formal domestic partnerships, which grant only some of the rights of marriage. In the majority of countries that established these unions in laws, they have since been either supplemented or replaced by same-sex marriage. Civil unions are viewed by LGBT rights campaigners as a "first step" towards establishing same-sex marriage, as civil unions are viewed by supporters of LGBT rights as a "separate but equal" or "second class" status. While civil unions are often established for both opposite-sex couples and same-sex couples, in a number of countries they are available to same-sex couples only.

Same-sex marriage is the marriage of two persons of the same sex or gender, entered into in a civil or religious ceremony.

Contents

Since 2014, the measure has been litigated in court and has been struck down by multiple state courts so far in several counties of southern Florida.

South Florida Place in Florida, United States

South Florida is a geographic and cultural region that generally comprises Florida's southernmost counties, and is the fourth most populous urban agglomeration in the United States. It is one of Florida's three most common "directional" regions, the others being Central Florida and North Florida. It includes the populous Miami metropolitan area, the Everglades, the Florida Keys, and other localities. South Florida is the only part of the continental United States with a tropical climate.

Same-sex marriage became legal in Florida when the decision in Brenner v. Scott found the amendments banning same-sex marriage, including Amendment 2, to be unconstitutional. [1] [2]

In Brenner v. Scott and its companion case, Grimsley v. Scott, a U.S. district court found Florida's constitutional and statutory same-sex marriage bans unconstitutional. On August 21, 2014, the court issued a preliminary injunction that prevents that state from enforcing its bans and then stayed its injunction until stays are lifted in the three same-sex marriage cases then petitioning for a writ of certiorari in the U.S. Supreme Court–Bostic, Bishop, and Kitchen–and for 91 days thereafter. When the district court's preliminary injunction took effect on January 6, 2015, enforcement of Florida's bans on same-sex marriage ended.

Text

Amendment 2 added Article I Section 27 of the Florida constitution. This states:

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. [3]

The initiative

The amendment was proposed by means of the initiative process, and went before the voters of Florida in a referendum held on November 4, 2008. Similar proposals were put to a vote at the same time in Arizona (Proposition 102) and California (Proposition 8).

Initiative means by which a petition signed by a certain minimum number of registered voters can force a public vote

In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote in parliament called an indirect initiative or via a direct initiative, the latter then being dubbed a Popular initiated Referendum.

Florida State of the United States of America

Florida is the southernmost contiguous state in the United States. The state is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Atlantic Ocean, and to the south by the Straits of Florida. Florida is the 22nd-most extensive, the 3rd-most populous, and the 8th-most densely populated of the U.S. states. Jacksonville is the most populous municipality in the state and the largest city by area in the contiguous United States. The Miami metropolitan area is Florida's most populous urban area. Tallahassee is the state's capital.

A referendum is a direct vote in which an entire electorate is invited to vote on a particular proposal. This may result in the adoption of a new law. In some countries, it is synonymous with a plebiscite or a vote on a ballot question.

Proposed constitutional amendments in Florida require 611,009 signatures, including at least 8% of voters in the last presidential election and at least 8% of voters in each congressional district of Florida. The initiative was certified with 649,346 signatures and was placed on the ballot on February 2008. [4] 60% of voters were required to pass the amendment in Florida.

A Quinnipiac University Polling Institute poll on September 8, 2008 showed that 55% favored the proposed amendment, while 41% oppose it. [5] "Florida and Arizona joined 27 other states that previously approved such amendments." [6]

The Quinnipiac University Poll is a public opinion polling center based at Quinnipiac University in Connecticut. It surveys public opinion in Connecticut, Florida, New York, New Jersey, Pennsylvania, Ohio, Virginia, and nationally.

The amendment was ultimately passed by a margin of 61.9% in favor and 38.1% opposed. [7] In the Florida 2008 election, Barack Obama voters as a whole voted 57% against Amendment 2 while John McCain voters voted 81% in favor of the legislation. Republican Governor Charlie Crist publicly supported Amendment 2. [8]

Monroe County was the only county to have a majority of the voters reject the amendment by a margin of 1,580 votes.

Election results by county. Less than 50% voted for Amendment 2 Less than 60% voted for Amendment 2 More than 60% voted for Amendment 2 More than 70% voted for Amendment 2 More than 80% voted for Amendment 2 2008FLamend2.png
Election results by county.
  Less than 50% voted for Amendment 2
  Less than 60% voted for Amendment 2
  More than 60% voted for Amendment 2
  More than 70% voted for Amendment 2
  More than 80% voted for Amendment 2
Amendment 2 [9]
ChoiceVotes%
Yes check.svg Yes4,890,88361.92
No3,008,02638.08
Valid votes7,898,90993.41
Invalid or blank votes557,4206.59
Total votes8,456,329100.00

Comparison to Proposition 8

A similar and more widely controversial ballot initiative in California, Proposition 8, was titled "ELIMINATES RIGHT OF SAME–SEX COUPLES TO MARRY. INITIATIVE CONSTITUTIONAL AMENDMENT" and summarized accordingly. This description differed from the description of Florida's Amendment 2 in that it referred to a right being removed. [10]

Another difference between Amendment 2 and Proposition 8 was that the latter did not render domestic partnerships unlawful in California, [11] while the text of Amendment 2 made the recognition of civil unions—or other marriage-like relationships for same-sex couples—unlawful in Florida. [12]

Effect of education

A study was done to see the effect of education on the votes. [13] Controlling for other socioeconomic and political factors, for each additional 1 percent of a county's population with a bachelor of arts degree, the study concluded that there was nearly an equal 1 percent decrease in support for Amendment 2. By comparison, every 1 percent increase in a county's black population led to only two-tenths of a percentage point increase in support for Amendment 2. According to one of the study's authors, "Education is so important because it increases exposure to those who are different. Studies show very clearly that the more educated people are the more tolerant they are of differences."

2014 litigation

Since the beginning of 2014, several couples and plaintiffs have sued the state of Florida over the amendment, as part of a larger, concentrated effort by gay rights activists and groups encouraged by the federal Supreme Court's decisions regarding marriage made the previous year. Multiple state lawsuits against the amendment have already been successful so far, succeeding in the amendment being struck down successively in Monroe, Miami-Dade, and Broward counties. On August 5, 2014, a Palm Beach County judge issued a ruling in a case pertaining to a surviving spouse's rights in a specific estate case which resulted in the union of a widow and her deceased wife as the first ever same-sex marriage officially recognized in Florida.

Florida Attorney General Pam Bondi, a Republican up for reelection in 2014 considered vulnerable due to association with Governor Rick Scott, has been a staunch defender of the amendment in court. Critics have pointed to her two previous divorces as a cause for hypocrisy when compared to her statements about the sanctity of marriage. Bondi has appealed all state court rulings thus far, which, as required by Florida law, automatically stays the rulings until the beginning of the appeal process.

The rulings against the amendment have been welcome by gay rights groups, the activist gay community in southern Florida, both Democratic gubernatorial candidates, and it appears a majority of Floridians, as at least one recent poll by the conservative-leaning firm Quinnipiac now shows that 56% of likely voters now favor marriage equality, a near-total reversal since 2008.

Concurrently with the lawsuits and rulings, a governor's race took place in 2014 and both leading candidates had completely opposite views on the issue of marriage. Incumbent Governor Rick Scott is opposed to marriage equality. Former governor and Democratic primary candidate Charlie Crist, who has changed parties since 2008, now supports same-sex marriage and ran on a platform that included giving same-sex couples the right to marry.

See also

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2000 California Proposition 22

Proposition 22 was a law enacted by California voters in March 2000 to prevent marriage between same-sex couples. In May 2008, it was struck down by the California Supreme Court as contrary to the state constitution.

Same-sex marriage is legal in the U.S. state of California, and first became so on June 16, 2008, when the state began issuing marriage licenses to same-sex couples as the result of the Supreme Court of California ruling in In re Marriage Cases, which found that barring same-sex couples from marriage violated the state's Constitution. The issuance of those licenses was halted during the period of November 5, 2008 through June 27, 2013 due to the passage of Proposition 8—a state constitutional amendment barring same-sex marriages. The granting of same-sex marriages recommenced following the United States Supreme Court decision in Hollingsworth v. Perry, which restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional.

U.S. state constitutional amendments banning same-sex unions Wikimedia list article

Many U.S. states enacted amendments to their state constitutions which prevented the recognition of some or all types of same-sex unions, but all such amendments were struck down by the Supreme Court of the United States on June 26, 2015, in the case of Obergefell v. Hodges. Some amendments prevented a state from legalizing same-sex marriage, civil unions and domestic partnerships, while others banned only same-sex marriage. By May 2012, voters in 30 states had approved such amendments. While the actual text of these amendments still remains written into the various state constitutions, the Obergefell decision has rendered them unenforceable insofar as they prevented same-sex couples from marrying.

2006 Arizona Proposition 107

Arizona Proposition 107 was a proposed same-sex marriage ban, put before voters by ballot initiative in the 2006 General Election. If passed, it would have prohibited the state of Arizona from recognizing same-sex marriages or civil unions. The state already had a statute defining marriage as the union of a man and a woman and prohibiting the recognition of same-sex marriages performed elsewhere.

In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.

Alaska Ballot Measure 2 (1998)

Ballot Measure 2 of 1998 is a ballot measure, since ruled unconstitutional, that added an amendment to the Alaska Constitution that prohibited the recognition of same-sex marriage in Alaska. The Ballot measure was sparked by the lawsuit filed by Jay Brause and Gene Dugan, after the two men were denied a marriage license by the Alaska Bureau of Vital Statistics. In Brause v. Bureau of Vital Statistics, 1998 WL 88743, the Alaska Superior Court ruled that the state needed compelling reason to deny marriage licenses to same-sex couples and ordered a trial on the question. In response, the Alaska Legislature immediately proposed and passed Resolution 42, which became what is now known as Ballot Measure 2. Ballot Measure 2 passed via public referendum on November 3, 1998, with 68% of voters supporting and 32% opposing. The Bause case was dismissed following the passage of the ballot measure.

Proposition 2 was a referendum for a state constitutional amendment placed on the ballot by the Texas legislature and approved by the voters at the November 8, 2005 general election. The measure added a new provision to the Texas Constitution, Article 1, Section 32, which provides that "Marriage in this state shall consist only of the union of one man and one woman", and "This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage." Texas thus became the nineteenth US state to adopt constitutional amendment banning same-sex marriage. It was the most populous state to adopt a constitutional ban on same-sex marriage until California passed its ban in November 2008.

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2008 California Proposition 8 ballot proposition and state constitutional amendment passed in November 2008

Proposition 8, known informally as Prop 8, was a California ballot proposition and a state constitutional amendment passed in the November 2008 California state elections. The proposition was created by opponents of same-sex marriage in advance of the California Supreme Court's May 2008 appeal ruling, In re Marriage Cases, which followed the short-lived 2004 same-sex weddings controversy and found the previous ban on same-sex marriage unconstitutional. Proposition 8 was ultimately ruled unconstitutional by a federal court in 2010, although the court decision did not go into effect until June 26, 2013, following the conclusion of proponents' appeals.

2008 Arizona Proposition 102

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November 2012 California elections

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This page contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.

Same-sex marriage has been legally recognized in the U.S state of Idaho since October 15, 2014.

Same-sex marriage has been legally recognized in the U.S. state of Virginia since October 6, 2014, following a decision by the Supreme Court of the United States to refuse to hear an appeal of the Fourth Circuit Court of Appeals in the case Bostic v. Schaefer. Marriages of same-sex couples subsequently began at 1:00 p.m. on October 6 after the Circuit Court issued its mandate, and since then Virginia has performed legal marriages of same-sex couples and recognized out-of-state marriages of same-sex couples.

Same-sex marriage in Arkansas is legal under the U.S. Supreme Court decision in Obergefell v. Hodges, a landmark case in which same-sex marriage bans were struck down on June 26, 2015. Prior to that, same-sex marriage in Arkansas was briefly legal for a period beginning on May 9, 2014, as the result of a ruling by Sixth Judicial Circuit Judge Chris Piazza, striking down the state's constitutional and legislative ban on same-sex marriage as violating the Constitution of the United States. Approximately 541 same-sex couples received marriage licenses in several Arkansas counties before the Arkansas Supreme Court stayed his ruling pending appeal on May 16, 2014.

The history of same-sex marriage in the United States dates from the early 1970s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention though they proved unsuccessful. The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Ski Jackson that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the Defense of Marriage Act.

References

  1. ↑ Sweeney, Dan (August 21, 2014). "Same-sex marriage ban struck down in Florida federal court". Sun-Sentinel. Retrieved August 21, 2014.
  2. ↑ Snow, Justin (August 21, 2014). "Federal judge rules Florida same-sex marriage ban unconstitutional". Metro Weekly. Retrieved August 21, 2014.
  3. ↑ "Initiative Information - Florida Marriage Protection Amendment" (PDF). Florida Department of State, Division of Elections. February 6, 2005. Retrieved 2008-11-05.
  4. ↑ "Gay marriage ban gets on ballots". International Herald-Tribune. 2008-02-02. Retrieved 2008-09-14.
  5. ↑ "Voters Back Ban On Gay Marriage, But Short Of 60%". Quinnipiac University. 2008-09-08. Retrieved 2008-09-14.
  6. ↑ Gay-marriage bans pass in Florida, Arizona. Retrieved November 5, 2008
  7. ↑ Brunn, eds., Stanley D.; et al. (2011). Atlas of the 2008 Elections. Rowman & Littlefield. p. 258. ISBN   9780742567962.
  8. ↑ "Amendment 2 - Not A Black Thing" . Retrieved 2008-11-25.
  9. ↑ "November 4, 2008 General Election". Florida Division of Elections. Retrieved 2015-01-16.
  10. ↑ "Proposition 8 Title and Summary". Archived from the original on November 20, 2008. Retrieved 2008-11-25.
  11. ↑ http://www.indybay.org/newsitems/2008/11/06/18549382.php
  12. ↑ "Initiative Information - Florida Marriage Protection Amendment" (PDF). Florida Department of State, Division of Elections. February 6, 2005. Retrieved 2008-11-05.
  13. ↑ "Education played bigger role than race in approving gay marriage ban" . Retrieved 2009-09-06.
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