The
Florida Marriage Amendment, also known as
Proposition 2 and
The Marriage Protection Amendment, is a proposed
constitutional amendment to ban same-sex marriage in
Florida. The proposed amendment to the
Florida Constitution will appear on the
November 4, 2008 ballot in
Florida. In order to pass, the amendment will require a 60% majority of those voting in the election.
Polls
As of September 8th, 2008, 55% of Floridians support the ballot measure, and 41% oppose the measure. The measure needs 60% to pass.
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Background/Specifics
The amendment as written includes a clause prohibiting judges from overturning the law. This is a response to what happened in
Massachusetts, where a judge overturned that state's law banning same-sex marriage.
[2]
The
ballot title for the
initiative says, "In as much as a 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."
Support
Supporters include:
On Sep 30, a group of church leaders from around the country met outside the Miami-Dade County Courthouse to show their support of Amendment 2. In general, Florida's religious community is strongly in favor of the measure.
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Arguments in Favor
- Supporters say the amendment would protect children by ensuring that only the form of marriage between a man and a woman would ever be celebrated in Florida.
- The Florida statute that already provides for a single form of marriage could be overturned by a court on constitutional grounds.
Opposition
Opponents include:
Arguments in Opposition
- The petition as acting as bait for the Presidential election in order to draw out conservative voters; there is already enough legislation in place currently.[10]
- Health care and pension benefit plans which cover unmarried couples, even heterosexual older couples, living together and which are now legally valid may be adversely affected.
- Article I of the Florida Constitution, known as the Declaration of Rights, establishes rights, but this amendment would instead limit the right to marry.
Financing the opposition
Amendment 2 is one of three ballot measures that will appear on November ballots around the country to ban same-sex marriage. Of these, the highest profile battle surrounds
California Proposition 8. According to Stephen Gaskill, a spokesperson for Florida Red and Blue, the focus on the California measure has complicated fundraising efforts for those fighting Florida Amendment 2.
Gaskill said, "Certainly if the California effort was not underway, it would be easier for Florida to raise money — that’s just a reality."
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Status
The initiative was able to collect enough signatures in order to qualify for the 2008 general election.
[12] This was done by
volunteer circulators gathering 92,000 signatures, roughly 7,000 a day, in order to ensure the qualification of the measure.
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