2008 Florida Amendment 2

Last updated
Amendment 2
Flag of Florida.svg
November 4, 2008

Marriage Protection Amendment
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes4,890,88361.92%
Light brown x.svgNo3,008,02638.08%
Valid votes7,898,90993.41%
Invalid or blank votes557,4206.59%
Total votes8,456,329100.00%
Registered voters/turnout75.18%

2008 Florida Amendment 2 results map by county.svg

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.

Contents

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

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

Background

Florida previously had banned same-sex marriage on multiple occasions and upheld their decision on it through court. in 1977, Governor Reubin Askew signed a bill banning homosexuals from marrying and adoption. [1] In 1997, the "Defense of Marriage Act" was enacted by the Florida legislature which again codified that marriage was between a man and a woman and prevented the state from recognizing any same-sex marriages performed out of the state. [3] In 2005, the case Wilson v. Ake occurred at the United States District Court for the Middle District of Florida in which a lesbian couple attempted to have their same-sex marriage from Massachusetts recognized. The case resulted in judge James S. Moody Jr. upholding the same-sex marriage ban. [4]

Campaign

Activists with Equality Florida urging voters to oppose the amendment during the 2008 pride parade in Orlando Orlando Pride Parade 1 (2937670531).jpg
Activists with Equality Florida urging voters to oppose the amendment during the 2008 pride parade in Orlando

The amendment was proposed in an initiative by Florida4Marriage. [5] Although same-sex marriage had already banned same-sex marriage, some worried that a court case such as Wilson v. Ake could possibly overturn the same-sex marriage ban. [6] 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 would later pass and be certified with 649,346 signatures and was placed on the ballot in February 2008. [3] 60% of voters were required to pass the amendment in Florida.

Similar proposals were put to a vote at the same time in Arizona and California.

A Quinnipiac University Polling Institute poll on September 8, 2008, showed that 55% favored the proposed amendment, while 41% oppose it. [4]

Voting for the amendment began on November 4, 2008.

Results

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. [7]

The amendment was ultimately passed by a margin of 61.9% in favor and 38.1% opposed. [8] 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. [9]

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

Florida joined 27 other states that approved other same-sex marriage bans such as this. [10]

Amendment 2 [11]
ChoiceVotes %
Check-71-128-204-brightblue.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

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

Related Research Articles

<span class="mw-page-title-main">2000 California Proposition 22</span> Referendum in California on same-sex marriage ban

Proposition 22 was a law enacted by California voters in March 2000 stating that marriage was between one man and one woman. In November 2008, Proposition 8 was also passed by voters, again only allowing marriage between one man and one woman.

Same-sex marriage in California has been legal since June 28, 2013. The U.S. state first issued marriage licenses to same-sex couples on June 16, 2008 as a result of the Supreme Court of California finding in the case of In re Marriage Cases that barring same-sex couples from marriage violated the Constitution of California. The issuance of such licenses was halted from 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 U.S. Supreme Court's decision in Hollingsworth v. Perry, which restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional.

<span class="mw-page-title-main">Charlie Crist</span> Governor of Florida from 2007 to 2011

Charles Joseph Crist Jr. is an American attorney and politician who served as the 44th governor of Florida from 2007 to 2011 and as the U.S. representative for Florida's 13th congressional district from 2017 to 2022. Crist has been a member of the Democratic Party since 2012; he was previously a Republican before becoming an independent in 2010.

<span class="mw-page-title-main">U.S. state constitutional amendments banning same-sex unions</span>

Prior to the Supreme Court's decision in Obergefell v. Hodges (2015), U.S. state constitutional amendments banning same-sex unions of several different types passed, banning legal recognition of same-sex unions in U.S. state constitutions, referred to by proponents as "defense of marriage amendments" or "marriage protection amendments." These state amendments are different from the proposed Federal Marriage Amendment, which would ban same-sex marriage in every U.S. state, and Section 2 of the Defense of Marriage Act, more commonly known as DOMA, which allowed the states not to recognize same-sex marriages from other states. The amendments define marriage as a union between one man and one woman and prevent civil unions or same-sex marriages from being legalized, though some of the amendments bar only the latter. The Obergefell decision in June 2015 invalidated these state constitutional amendments insofar as they prevented same-sex couples from marrying, even though the actual text of these amendments remain written into the state constitutions.

Same-sex marriage in Oregon has been legally recognized since May 19, 2014, when Judge Michael J. McShane of the U.S. District Court for the District Court of Oregon ruled in Geiger v. Kitzhaber that Oregon's 2004 state constitutional amendment banning same-sex marriages discriminated on the basis of sexual orientation in violation of the Equal Protection Clause of the U.S. Constitution. A campaign that was then under way to win voter approval of a constitutional amendment legalizing same-sex marriage was suspended following the decision. In July 2015, Governor Kate Brown signed legislation codifying same-sex marriage in various Oregon statutes. The law change went into effect on January 1, 2016.

<span class="mw-page-title-main">1998 Alaska Measure 2</span>

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.

<span class="mw-page-title-main">2005 Texas Proposition 2</span>

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.

<span class="mw-page-title-main">Nebraska Initiative 416</span> Ballot measure in Nebraska banning state recognition of same-sex partnerships

Nebraska Initiative 416 was a 2000 ballot initiative that amended the Nebraska Constitution to make it unconstitutional for the state to recognize or perform same-sex marriage, same-sex civil unions or domestic partnerships. The referendum was approved on November 7, 2000, by 70% of the voters. The initiative has since been struck down in federal court and same-sex marriage is now legally recognized in the state of Nebraska.

<span class="mw-page-title-main">2004 Michigan Proposal 2</span>

Michigan Proposal 04-2 of 2004, is an amendment to the Michigan Constitution that made it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 59% of the voters. The amendment faced multiple legal challenges and was finally overturned in Obergefell v. Hodges by the U.S. Supreme Court.

Same-sex marriage in Wisconsin has been legally recognized since October 6, 2014, upon the resolution of a lawsuit challenging the state's ban on same-sex marriage. On October 6, the U.S. Supreme Court refused to hear an appeal of an appellate court ruling in Wolf v. Walker that had found Wisconsin's ban on same-sex marriage unconstitutional. The appellate court issued its order prohibiting enforcement of the state's ban on same-sex marriage the next day and Wisconsin counties began issuing marriage licenses to same-sex couples immediately. Wisconsin had previously recognized domestic partnerships, which afforded limited legal rights to same-sex couples, from August 2009 until they were discontinued in April 2018.

<span class="mw-page-title-main">2008 California Proposition 8</span> 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 intended to ban same-sex marriage; it passed in the November 2008 California state elections and was later overturned in court. 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.

<span class="mw-page-title-main">2008 Arizona Proposition 102</span> Electoral amendment to the Arizona state constitution

Arizona Proposition 102 was an amendment to the constitution of the state of Arizona adopted by a ballot measure held in 2008. It added Article 30 of the Arizona Constitution, which says: "Only a union of one man and one woman shall be valid or recognized as a marriage in this state." The amendment added a constitutional ban on same-sex marriage to existing statutory bans in place since 1996. In October 2014, Article 30 of the Arizona Constitution was struck down as unconstitutional in the United States District Court for the District of Arizona, and is no longer enforced by the state of Arizona, which now allows and recognizes same-sex marriages.

Same-sex marriage in Nevada has been legally recognized since October 9, 2014, when a federal district court judge issued an injunction against Nevada's enforcement of its same-sex marriage ban, acting on order from the Ninth Circuit Court of Appeals. A unanimous three-judge panel of the Ninth Circuit had ruled two days earlier that the state's ban on same-sex marriage was unconstitutional. Same-sex marriage was previously banned by an amendment to the Constitution of Nevada adopted in 2002. The statutory and constitutional bans were repealed in 2017 and 2020, respectively.

Same-sex marriage in Arizona has been legal since October 17, 2014. The U.S. state had denied marriage rights to same-sex couples by statute since 1996 and by an amendment to its State Constitution approved by voters in 2008. On October 17, Judge John W. Sedwick ruled in two lawsuits that Arizona's ban on same-sex marriage was unconstitutional, and enjoined the state from enforcing its ban, effective immediately. Attorney General Tom Horne said the state would not appeal that ruling, and instructed county clerks to comply and issue marriage licenses to same-sex couples.

Same-sex marriage in Pennsylvania has been legally recognized since May 20, 2014, when a U.S. federal district court judge ruled that the state's 1996 statutory ban on recognizing same-sex marriage was unconstitutional. Governor Tom Corbett announced the following day that he would not appeal the decision. Pennsylvania had previously prohibited the recognition of same-sex marriage by statute since 1996, but had never added such a ban to its State Constitution.

Same-sex marriage in Nebraska has been legally recognized since June 26, 2015, when the U.S. Supreme Court ruled in the case of Obergefell v. Hodges that the denial of marriage rights to same-sex couples violates the Fourteenth Amendment. Following the court ruling, the Attorney General, Doug Peterson, announced that the state of Nebraska would comply and recognize same-sex marriages.

<span class="mw-page-title-main">2014 Florida Amendment 2</span>

Florida Amendment 2, Use of Marijuana for Certain Medical Conditions, is an initiative that appeared on the November 4, 2014, ballot in the state of Florida as a citizen initiated state constitutional amendment.

Same-sex marriage in Virginia has been legal since October 6, 2014, following the decision of the U.S. Supreme Court not to hear an appeal of the Fourth Circuit Court of Appeals' ruling in Bostic v. Schaefer. Same-sex marriages subsequently began at 1:00 p.m. on October 6 after the Fourth Circuit issued its mandate, and since then Virginia has performed legal marriages of same-sex couples and recognized out-of-state same-sex marriages. Previously, the state had passed a statute prohibiting same-sex marriage in 1975, and further restrictions were added in 1997 and 2004, which made "void and unenforceable" any arrangements between same-sex couples bestowing the "privileges or obligations of marriage". Voters approved an amendment to the Constitution of Virginia reinforcing the existing laws in 2006. On January 14, 2014, a U.S. district court judge ruled in Bostic that Virginia's statutory and constitutional ban on the state recognition of same-sex marriages were unconstitutional, a decision upheld by the Fourth Circuit on July 28, 2014.

In the United States, the history of same-sex marriage dates from the early 1940s, 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. However marriage wasn't a request for the LGBTQ movement until the Second National March on Washington for Lesbian and Gay Rights in Washington (1987). The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Baehr v. Miike 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.

<span class="mw-page-title-main">2018 Florida Amendment 4</span> 2018 amendment to the Constitution of Florida

Florida Amendment 4, also the Voting Rights Restoration for Felons Initiative, is an amendment to the Constitution of Florida passed by ballot initiative on November 6, 2018, as part of the 2018 Florida elections. The proposition restored the voting rights of Floridians with felony convictions after they complete all terms of their sentence including parole or probation. The amendment does not apply to Floridians convicted of murder or sexual offenses.

References

  1. 1 2 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. 1 2 Kanotz, Michael J. (2004-03-12). "FOR BETTER OR FOR WORSE: A CRITICAL ANALYSIS OF FLORIDA'S DEFENSE OF MARRIAGE ACT" (PDF). pp. 7–8. Archived from the original (PDF) on 2004-03-12. Retrieved 2022-11-02.
  4. 1 2 "Voters Back Ban On Gay Marriage, But Short Of 60%". Quinnipiac University. 2008-09-08. Archived from the original on 2008-10-27. Retrieved 2008-09-14.
  5. "FLORIDA4MARRIAGE.ORG CONSTITUTIONAL AMENDMENT PETITION FORM" (PDF). 2008-11-09. Archived from the original (PDF) on 2008-11-09. Retrieved 2022-11-02.
  6. "Anti-Gay Fla. Initiative Will Appear on Nov. Ballot | EDGE Boston, MA". EDGE Media Network. Retrieved 2022-11-02.
  7. "Initiative Information - Florida Marriage Protection Amendment" (PDF). Florida Department of State, Division of Elections. February 6, 2005. Archived from the original (PDF) on November 9, 2008. Retrieved November 5, 2008.
  8. Brunn, Stanley D., ed. (2011). Atlas of the 2008 Elections. Rowman & Littlefield. p. 258. ISBN   9780742567962.
  9. "Amendment 2 - Not A Black Thing". Archived from the original on 2011-07-11. Retrieved 2008-11-25.
  10. "States issue verdicts on gay rights, abortion". NBC News. Retrieved 2022-11-02.
  11. "November 4, 2008 General Election". Florida Division of Elections. Archived from the original on February 19, 2012. Retrieved 2015-01-16.