Optimism Abounds for Marriage Amendment in Florida
by Allie Martin and Jody Brown
March 27, 2006
(ChristiansUnite.com) - - A proposed constitutional amendment that would protect traditional marriage is one step closer to being on the ballot in Florida. In addition, the last of eight cases filed in the state by advocates of same-sex unions challenging current marriage laws has been withdrawn.
The Florida Supreme Court has issued a 7-0 opinion clearing the Florida Marriage Protection Amendment for placement on a statewide ballot once the 611,009 signatures in support of the measure are certified. The amendment states that "Inasmuch as marriage is the legal union of only one man and one woman, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized."
Liberty Counsel president Mat Staver, who argued the case for the amendment, explains that the Florida high court rejected arguments by the American Civil Liberties Union.
[Photo compliments of Liberty Counsel]
Mat Staver
"The ACLU argued that this amendment addressed two subjects: marriage, and civil unions and domestic partnerships," Staver says. "They said people would be in favor of voting for marriage, but may not be in favor of banning civil unions. The Supreme Court rejected that argument and said that this amendment is about the singular purpose of marriage and maintaining and preserving the protections and obligations of marriage."
Specifically, the court ruled that in voting for or against the measure, voters are "merely being asked to vote on the singular subject of whether the concept of marriage and the rights and obligations traditionally embodied therein should be limited to the union of one man and one woman."
The court also rejected ACLU arguments contesting the amendment's Title and Ballot Summary, stating that its language adequately informs voters and is in no way misleading.
The Liberty Counsel spokesman says this initiative will not change existing law but will simply preserve the status quo by protecting the traditional definition of marriage.
"This is an amendment that protects marriage as the union of one man and one woman," he explains. "It also bans same-sex marriage, polygamy, or group marriages, and it bans same-sex marriage or any other kind of relationship under a different name." Staver expounds on that last aspect, saying under the approved amendment, "you simply cannot avoid this amendment by creating a 'marriage' relationship but call it something else, like a 'civil union.'"
The attorney is optimistic about how the amendment will fare at the ballot box. "Very soon the remaining signatures will be certified, and the people of Florida will vote," he says. "I have no doubt that this marriage amendment will pass by an overwhelming majority." He cites statewide votes across the country on amendments protecting traditional marriage. He contends that when voters are permitted a choice, "they always choose marriage as the union of only one man and one woman."
Staver presented the argument before the state's high court in early February on behalf of Florida4Marriage.org, the sponsor of the amendment. The following week, the National Center for Lesbian Rights (NCLR) -- whose representative was present to hear Staver's arguments -- filed for dismissal of a case challenging the state's marriage laws.
Eight and Out
Higgs v. Kolhage was the last of eight Florida cases filed by same-sex marriage advocates to be dismissed. All of those cases -- most dismissed last year, and one dismissed as recently as January -- targeted the state's marriage laws. Liberty Counsel speculates that after hearing Staver argue in favor of the amendment before the high court -- and witnessing the justices' skeptical response to arguments against the amendment -- the NCLR may have concluded their Higgs case faced a similar future.
Staver says the battle, however, is not over. "Although all eight court challenges against Florida's marriage laws are over, voters can only be certain to protect marriage through the passage of a state constitutional amendment" -- which is on the verge of happening, says the attorney.
And in Staver's opinion, it is important that Florida follow the trend of states that, over the past two years, have overwhelmingly passed pro-traditional marriage amendments. "One loss can create a ripple effect around the country," he says. "To successfully defend marriage, we must win all of the time."
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