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Palm Beach Post
February 6, 2008
Same ol' Same Sex Ban
From Florida Statute
741.212 (1):
"Marriages between persons of the same sex entered into
in any jurisdiction ... domestic or foreign ... or
relationships between persons of the same sex, which are
treated as marriages in any jurisdiction, whether within
or outside the State of Florida, the United States, or
any other jurisdiction ... or any other place or
location, are not recognized for any purpose in this
state."
From Florida Statute 741.212 (2):
"The state, its agencies, and its political subdivisions
may not give effect to any public act, record or
judicial proceeding of any state, territory, possession,
or tribe of the United States or of any other
jurisdiction ... domestic or foreign, or any other place
or location respecting either a marriage or relationship
not recognized under subsection (1) or a claim arising
from such a marriage or relationship."
From Florida Statute 741.212 (3):
"For purposes of interpreting any state statute or rule,
the term 'marriage' means only a legal union between one
man and one woman as husband and wife, and the term
'spouse' applies only to a member of such a union."
And just for good measure, Florida Statute 741.04 (1)
prohibits any judge or clerk of the court from issuing a
marriage license "unless one party is a male and the
other party is a female."
All that restrictive language should be enough to
reassure even the most skittish Floridian that gays and
lesbians won't be exchanging vows or trying to transfer
a marriage. But no. Last week, the Department of
Elections confirmed that a constitutional amendment to
ban same-sex marriage in Florida will go on the November
ballot. To Article I, the Florida Marriage Protection
Amendment would add: "Inasmuch as 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."
So there. Same-sex marriage wouldn't just be illegal; it
would be unconstitutional, beyond the power of some
future namby-pamby Legislature or court that might want
to turn parts of Florida into Cape Cod or San Francisco.
Of course, it also would be the first part of the
constitution to restrict rights, not grant them. It
would make the Florida Constitution a document that
protects pregnant pigs but not human beings who want to
be part of what people who will vote for this amendment
describe as the foundation of society. It could make
things tougher for Florida companies trying to recruit
employees. It won't deal with insurance costs, the tax
system or the real-estate market, which are the state's
real priorities.
Instead, it will create a noisy, well-financed
distraction as Floridians vote for president. The
state's future depends on many things. This amendment
isn't one of them.
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