Florida anti-gay marriage amendment moves forward
A proposed amendment to bar same-sex marriage in Florida appears likely to be appear on the ballot in 2008 after the Secretary of State on Dec. 13 said the group supporting the ban had collected over a thousand more signatures than needed.
LGBT rights groups say they will mount a vigorous campaign to defeat the measure. Equality Florida and the ACLU are expected to challenge the results of the petition drive, possibly in court.
The amendment says, "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."
Florida requires 611,009 valid signatures to place an item on the ballot. Florida4Marriage collected 612,192 according to the Secretary of State, though some of those signatures still require verification.
Florida4Marriage said it will continue to collect and submit signatures right up until the January 29 deadline.
The ballot measure was written by the conservative Christian law firm of Liberty Counsel.
"This is an historic day and the next big step to permanently protecting marriage as the union of one man and one woman," said its chair Mathew Staver.
"In November, Floridians will have the opportunity to protect marriage so that it will never be destroyed by the stroke of a judge's pen. Protecting marriage is the best investment we can make in the lives of children and the future of Florida," said Stave, who also is Dean of Liberty University School of Law founded by the late evangelist Jerry Falwell.
One of those who signed the petition, according to Florida4Marriage, was Gov. Charlie Crist (R) although publicly Crist has refrained from commenting on the amendment.
Florida4Marriage attempted to have the measure placed on the 2006 ballot but fell short of the required number of signatures. Under Florida law Florida4Marriage, was allowed to continue to add names to the petition in a bid to get it on the 2008 ballot.
Last year it was discovered that the state GOP was bankrolling Florida4Marriage.
An investigation by the St. Petersburg Times into funding for the Florida4Marriage has found that of the $193,000 that had been raised by the group $150,000 came from a single donor -- the Florida Republican Party.
Opponents of the amendment say it could be used to cancel domestic partner benefits throughout the state, for both gay and straight couples.
Equality Florida told 365Gay.com that it was disappointed but not surprised Florida4Marriage had collected enough signatures to put the issue to voters.
Spokesperson Brian Winfield predicted a tough battle.
"Our polling shows that this amendment is going to pass or fail by a razor thin margin," he said..
"Everything that we do from now on is going to be pivotal to defeating this amendment."
Joining LGBT rights groups in fighting the proposal is a straight ally, Florida Red & Blue.
The organization boasts both Democrats and Republicans among its members. It amassed more than $1 million to battle the proposed amendment in its first 60 days.
Florida Red and Blue spokesperson Stephen Gaskill said if passed by voters the amendment would nullify partnership laws in Broward County, Miami Beach, Key West and West Palm Beach that allow both same- and opposite-sex couples to receive hospital visitation rights and health insurance benefits.
"It appears now that Floridians will have a chance to choose for themselves if they want to make it possible for seniors, government employees and school teachers to lose the rights and benefits they already have or if Floridians instead want to keep government out of their lives and away from the benefits and rights they have earned, Gaskill said in a statement.
"We hope Floridians will reject this amendment and stop this attempt to put government where it does not belong."
Passing a constitutional amendment in Florida has a higher bar than in most states. It must be approved by 60 percent of voters.