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Daytona Beach
News-Journal
September 6, 2007
Petition for Marriage Amendment Plows Ahead
by Jim Saunders
Tallahassee -- As an Iowa court decision refuels a
national debate about the issue, Floridians appear
headed toward voting next year on a constitutional
amendment that would ban same-sex marriages.
Backers of the proposed amendment are getting close to
having enough petition signatures to put the issue on
the November 2008 ballot, potentially setting up a major
political fight.
Florida already has a law that prevents gay and lesbian
couples from marrying, but it's not part of the
constitution.
Orlando lawyer John Stemberger, who is leading efforts
to pass the amendment, said Florida needs to put the ban
in the constitution because a judge could overturn the
current law.
An Iowa judge last week struck down that state's ban on
same-sex marriage, briefly allowing gay couples to wed.
The decision was later stayed, pending an appeal.
"Iowa is Exhibit A for why the marriage amendment needs
to be codified in the constitution," said Stemberger,
president of the conservative Florida Family Policy
Council. "Massachusetts (the only state that allows
same-sex marriages) is exhibit B."
But many opponents argue such bans discriminate against
same-sex couples, preventing them from having the same
rights as heterosexual couples.
Also, Damien Filer, a spokesman for a coalition called
Fairness for All Families, said the proposed Florida
amendment could have far-reaching implications for gay
and straight unmarried couples.
Filer said, for example, it could affect health care and
other benefits that some government agencies provide to
their employees' domestic partners. He said people
aren't aware "just how broad the impacts of this could
be."
Stemberger said, however, the wording of the amendment
would not affect such benefits. He called those
arguments a "scare tactic."
Same-sex marriage has been a major issue since 2003,
when a ruling by Massachusetts' highest court cleared
the way for gay and lesbian couples to marry.
In all, 27 states have constitutional provisions that
prevent same-sex marriages, according to the National
Conference of State Legislatures. Arizona voters
defeated such a proposal in 2006.
Supporters of the Florida amendment need to submit
611,000 verified petition signatures by Feb. 1 to get on
the ballot. They had more than 594,000 as of Wednesday
afternoon. Also, they need to meet varying signature
requirements in at least half of the state's
congressional districts.
But Stemberger said it's too early to declare that the
issue will go before voters, as lawmakers this year made
the ballot-initiative process harder.
As an example, lawmakers made it possible for voters to
revoke their petition signatures, adding uncertainty for
groups trying to get on the ballot.
If the amendment reaches the ballot, it will need
approval from 60 percent of voters to pass. That's
because of a 2006 change that increased the number of
required votes to pass constitutional amendments, up
from a simple majority.
Aubrey Jewett, a University of Central Florida political
science professor who studies state politics, called the
60 percent requirement the "real wild card."
Jewett said he thinks the amendment will probably pass
if it's clear the measure only blocks same-sex marriage.
But he said voters might be less likely to support the
amendment if it's viewed as potentially taking away
benefits from unmarried partners.
From:
Daytona Beach News Journal Online
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