Constitutional Amendments: What You Need to Know

Amy Keller | 10/1/2008

Amendment 2
Gay Marriage Ban

What it does: Defines marriage as the legal union of only “one man and one woman as husband and wife.” If passed, it would ban gay marriage and civil unions and could endanger publicly recognized domestic partnerships if they are deemed to be “substantially equivalent” to marriage. Miami Beach, Gainesville, West Palm Beach, Key West as well as Miami-Dade, Broward and Palm Beach counties all have domestic partner registries.

Background: While Florida law prohibits same-sex marriage and defines marriage as the legal union between one man and one woman, backers of Amendment 2 say putting it in the state Constitution is necessary to protect the state’s marriage law from a legal challenge. The initiative was spearheaded by John Stemberger, an Orlando personal injury lawyer, and funded in part by the Republican Party of Florida.

A Quinnipiac University poll found that Florida voters support 55% to 41% a constitutional amendment defining marriage as a legal union between a man and a woman. Republicans back the measure 76% to 21%; independents oppose it 51% to 44%; and Democrats oppose it 51% to 45%.

A major point of conflict is the how domestic partnerships would be affected by prohibiting unions that are the “substantial equivalent” of marriage. Stemberger’s group insists that the measure “does not invalidate the small bundle of rights granted by existing domestic partnerships in Florida.” But opponents say the wording of Amendment 2 is similar to a constitutional amendment that Michigan passed in 2004 and which the Michigan Supreme Court later ruled prohibits employers like universities and cities from extending benefits to domestic partners.

An analysis of the amendment by the Legislature’s Office of Economic and Demographic Research raises the possibility of that result in Florida, saying that terminating marriage-equivalent partnerships “could place registrants at risk of losing specified rights and benefits, such as those related to health insurance.” The amendment would not affect benefits offered or contracted in the private sector.

Proponents: Florida Baptist Convention, Florida Catholic Conference, Florida Christian Coalition, Liberty Counsel, Florida Family Action and Exodus International, Yes2Marriage.org

Opponents: Rep. Ileana Ros-Lehtinen (R), Human Rights Campaign, Florida Red and Blue Committee (sponsor of the Say No 2 campaign), Florida AFL-CIO

Financial impact: Undetermined, but probably minor

Tags: Politics & Law, Government/Politics & Law