2008 Florida Amendment 2

Amendment 2
Marriage Protection Amendment
Results
Yes 80–90% 70–80% 60–70% 50–60%	No 50–60%
	Sources:

Florida Amendment 2 is an amendment made to the constitution of the U.S. state of Florida in 2008. It added Article I, Section 27 to the constitution, which defines marriage as a union only between one man and one woman, and thus bans the creation of similar unions, such as civil unions or same-sex marriage.

Since 2014, the measure was litigated in court and was struck down by multiple state courts in several counties of southern Florida.

Same-sex marriage became legal in Florida when the decision in the federal case Brenner v. Scott found the amendments banning same-sex marriage (including Amendment 2) to be unconstitutional.^[3]^[4]

Background

Florida previously had banned same-sex marriage on multiple occasions and upheld their decision on it through court. in 1977, Governor Reubin Askew signed a bill banning homosexuals from marrying and adoption.^[3] In 1997, the "Defense of Marriage Act" was enacted by the Florida legislature which again codified that marriage was between a man and a woman and prevented the state from recognizing any same-sex marriages performed out of the state.^[5]

Polling released in December 2003 found opposition to same-sex marriage in Florida at 65%. A Schroth & Associates poll, conducted March 3 - 4, 2004, found 65% of Floridians opposed same-sex marriage, 27% supported of same-sex marriage and 8% didn't know or refused to answer, while 53% of Floridians supported civil unions, 39% opposed civil unions and 8% didn't know or refused to answer.^[6]

In 2005, the case Wilson v. Ake occurred at the United States District Court for the Middle District of Florida in which a lesbian couple attempted to have their same-sex marriage from Massachusetts recognized. The case resulted in judge James S. Moody Jr. upholding the same-sex marriage ban.^[7] Two Quinnipiac University Polling Institute polls, one conducted July 30 - August 6, 2007, found 35% of Floridians opposed any legal recognition of same-sex unions, 29% supported civil unions and 27% supported same-sex marriage, while another poll conducted September 2 - 4, 2008, found 35% of Floridians support civil unions, 31% opposed any legal recognition of same-sex unions and 27% supported same-sex marriage.^[8]^[9]

Campaign

The amendment was proposed in an initiative by Florida4Marriage.^[10] Although same-sex marriage had already banned same-sex marriage, some worried that a court case such as Wilson v. Ake could possibly overturn the same-sex marriage ban.^[11] Proposed constitutional amendments in Florida require 611,009 signatures, including at least 8% of voters in the last presidential election and at least 8% of voters in each congressional district of Florida. The initiative would later pass and be certified with 649,346 signatures and was placed on the ballot in February 2008.^[5] 60% of voters were required to pass the amendment in Florida.

Similar proposals were put to a vote at the same time in Arizona and California.

Voting for the amendment began on November 4, 2008.

Results

Amendment 2^[12]
Choice	Votes	%
Yes	4,890,883	61.92
No	3,008,026	38.08
Valid votes	7,898,909	93.41
Invalid or blank votes	557,420	6.59
Total votes	8,456,329	100.00

On November 4, 2008, polls closed in the entire State of Florida at 7 pm CT and according to election reports that late evening via the St. Petersburg Times, Amendment 2 had passed.^[13]

The amendment was ultimately passed with 61.92% in favor and 38.08% opposed. It won by a margin of 3.84%, as the amendment required electoral threshold of 60%.^[14] In the Florida 2008 election, Barack Obama voters as a whole voted 57% against Amendment 2 while John McCain voters voted 81% in favor of the legislation. Republican Governor Charlie Crist publicly supported Amendment 2.^[15]

Monroe County was the only county to have a majority of the voters reject the amendment by a margin of 1,580 votes.

Florida joined California and Arizona, along with 26 previous states that approved other same-sex marriage bans such as this.^[16]^[17]

Effects

Amendment 2 added Article I Section 27 of the Florida constitution. This states:

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.^[18]

The amendment, which took effect on November 4, 2008, constitutionally banned same-sex marriages, which were never recognized by the state and was statutorily banned since 1977, and civil unions or civil union equivalents, which were never recognized by the state. Florida became the 27th US state to ban same-sex marriage in its constitution and 19th US state to ban civil unions or civil union equivalents in its constitution. This preempted the state judiciary from requiring the state to legally recognize same-sex marriages or civil unions or civil union equivalents and preempted the Florida Legislature from enacting a statute legalizing same-sex marriages or civil unions or civil union equivalents. Domestic partnerships in Florida, legal in 4 counties and 15 municipalities at the time, were unaffected by the amendment.

Aftermath and legal challenges

Since the beginning of 2014, several couples and plaintiffs have sued the state of Florida over the amendment, as part of a larger, concentrated effort by gay rights activists and groups encouraged by the federal Supreme Court's decisions regarding marriage made the previous year. Multiple state lawsuits against the amendment have already been successful so far, succeeding in the amendment being struck down successively in Monroe, Miami-Dade, and Broward counties. On August 5, 2014, a Palm Beach County judge issued a ruling in a case pertaining to a surviving spouse's rights in a specific estate case which resulted in the union of a widow and her deceased wife as the first ever same-sex marriage officially recognized in Florida.

Florida Attorney General Pam Bondi, a Republican up for reelection in 2014 considered vulnerable due to association with Governor Rick Scott, has been a staunch defender of the amendment in court. Critics have pointed to her two previous divorces as a cause for hypocrisy when compared to her statements about the sanctity of marriage. Bondi has appealed all state court rulings thus far, which, as required by Florida law, automatically stays the rulings until the beginning of the appeal process.

The rulings against the amendment have been welcome by gay rights groups, the activist gay community in southern Florida, both Democratic gubernatorial candidates, and it appears a majority of Floridians, as at least one recent poll by the conservative-leaning firm Quinnipiac now shows that 56% of likely voters now favor marriage equality, a near-total reversal since 2008.

Concurrently with the lawsuits and rulings, a governor's race took place in 2014 and both leading candidates had completely opposite views on the issue of marriage. Incumbent Governor Rick Scott was opposed to marriage equality. Former governor and Democratic primary candidate Charlie Crist, who has changed parties since 2008, now supported same-sex marriage and ran on a platform that included giving same-sex couples the right to marry.

Pre-decision opinion polls

Date of opinion poll	Conducted by	Sample size	In favor	Against	Undecided	Margin	Margin of Error	Source
Early November and/or late October 2008	Mason-Dixon Polling & Strategy	625 likely voters	56%	37%	?	19% pro	?	^[19]
October 31, 2008	Orlando Sentinel	625 registered voters	55%	35%	10%	20% pro	±4%	^[20]
October 20 - 22, 2008	St. Petersburg Times / Bay News 9 / Miami Herald	800 voters	59%	?	?	?	±3.5%	^[21]
October 20 - 21, 2008	Orlando Sentinel	625 registered voters	56%	37%	7%	19% pro	?	^[22]
October 20 - 21, 2008	Mason-Dixon Polling & Strategy	625 likely voters	57%	36%	7%	20% pro	±4%	^[23]
October 13 - 15, 2008	Research 2000	600 likely voters	53%	42%	5%	11% pro	±4%	^[24]
Early October 2008	Mason-Dixon Polling & Strategy	625 likely voters	55%	34%	?	21% pro	?	^[25]
September 14 - 17, 2008	SEA Polling and Strategic Design / Polling Co. / Miami Herald	800 registered voters	58%	37%	5%	21% pro	±3.5%	^[26]
September 2 – 4, 2008	Quinnipiac University	1,427 voters	55%	41%	4%	14% pro	±2.6%	^[7]
August 2008	Mason-Dixon Polling & Strategy	?	57%	?	?	?	?	^[20]
May 27 – June 1, 2008	Quinnipiac University	1,625 voters	58%	37%	4%	21% pro	±2.4%	^[27]

References

^ Florida Department of State Division of Elections November 4, 2008 General Election
^ November 4, 2008 General Election Official Results Voter Registration and Turnout
^ ^a ^b Sweeney, Dan (August 21, 2014). "Same-sex marriage ban struck down in Florida federal court". Sun-Sentinel. Retrieved August 21, 2014.
^ Snow, Justin (August 21, 2014). "Federal judge rules Florida same-sex marriage ban unconstitutional". Metro Weekly. Retrieved August 21, 2014.
^ ^a ^b Kanotz, Michael J. (March 12, 2004). "FOR BETTER OR FOR WORSE: A CRITICAL ANALYSIS OF FLORIDA'S DEFENSE OF MARRIAGE ACT" (PDF). pp. 7–8. Archived from the original (PDF) on March 12, 2004. Retrieved November 2, 2022.
^ Lush, Tamara (March 8, 2004). "Floridians oppose gay marriage". St. Petersburg Times. St. Petersburg, Florida. Archived from the original on April 15, 2004. Retrieved July 21, 2024.
^ ^a ^b "Voters Back Ban On Gay Marriage, But Short Of 60%". Quinnipiac University. September 8, 2008. Archived from the original on October 27, 2008. Retrieved September 14, 2008.
^ "Gov. Crist Riding High In Florida, Quinnipiac University Poll Finds; Voters Back Ban On Gay Marriage, But Short Of 60%". Quinnipiac University Polling Institute. September 8, 2008. Retrieved July 21, 2024.
^ "Clinton Leads Or Ties In Three Swing States, Gay Support Costs Votes, Quinnipiac University Poll Finds --- FLORIDA: Clinton 46 - Giuliani 44; OHIO: Clinton 43 - Giuliani 43; PENNSYLVANIA: Clinton 45 - Giuliani 44". Quinnipiac University Polling Institute. August 8, 2007. Retrieved July 21, 2024.
^ "FLORIDA4MARRIAGE.ORG CONSTITUTIONAL AMENDMENT PETITION FORM" (PDF). November 9, 2008. Archived from the original (PDF) on November 9, 2008. Retrieved November 2, 2022.
^ "Anti-Gay Fla. Initiative Will Appear on Nov. Ballot | EDGE Boston, MA". EDGE Media Network. Retrieved November 2, 2022.
^ "November 4, 2008 General Election". Florida Division of Elections. Archived from the original on February 19, 2012. Retrieved January 16, 2015.
^ Constitutional ban on gay marriage likely to pass
^ Brunn, Stanley D., ed. (2011). Atlas of the 2008 Elections. Rowman & Littlefield. p. 258. ISBN 9780742567962.
^ "Amendment 2 - Not A Black Thing". Archived from the original on July 11, 2011. Retrieved November 25, 2008.
^ "States issue verdicts on gay rights, abortion". NBC News. November 4, 2008. Retrieved November 2, 2022.
^ "Florida bans gay marriage". Orlando Sentinel. November 6, 2008. Retrieved July 24, 2024.
^ "Initiative Information - Florida Marriage Protection Amendment" (PDF). Florida Department of State, Division of Elections. February 6, 2005. Archived from the original (PDF) on November 9, 2008. Retrieved November 5, 2008.
^ Same-sex marriage issue on back burner
^ ^a ^b Poll: Voters unswayed on Amendment 2
^ AMENDMENT 2 FATE LIES WITH BLACK TURNOUT
^ Florida may vote to ban gay marriage
^ Gay marriage ban could pass
^ State amendments seem likely to lose
^ In California, an 'Armageddon' for same-sex marriage foes
^ GAY MARRIAGE BAN IS DRAWING CLOSER
^ Florida Voters Balk At School Vouchers, Quinnipiac University Poll Finds; But Back Them When Linked To 65 % Classroom Spending

External links

Yes2Marriage.org (Amendment 2 proponents)
SayNo2.com (Amendment 2 opponents)
The Money Behind the 2008 Same-Sex Partnership Ballot Measures - The National Institute On Money In State Politics

[1] Florida Department of State Division of Elections November 4, 2008 General Election

[2] November 4, 2008 General Election Official Results Voter Registration and Turnout

[:0-3] Sweeney, Dan (August 21, 2014). "Same-sex marriage ban struck down in Florida federal court". Sun-Sentinel. Retrieved August 21, 2014.

[4] Snow, Justin (August 21, 2014). "Federal judge rules Florida same-sex marriage ban unconstitutional". Metro Weekly. Retrieved August 21, 2014.

[:1-5] Kanotz, Michael J. (March 12, 2004). "FOR BETTER OR FOR WORSE: A CRITICAL ANALYSIS OF FLORIDA'S DEFENSE OF MARRIAGE ACT" (PDF). pp. 7–8. Archived from the original (PDF) on March 12, 2004. Retrieved November 2, 2022.

[6] Lush, Tamara (March 8, 2004). "Floridians oppose gay marriage". St. Petersburg Times. St. Petersburg, Florida. Archived from the original on April 15, 2004. Retrieved July 21, 2024.

[:2-7] "Voters Back Ban On Gay Marriage, But Short Of 60%". Quinnipiac University. September 8, 2008. Archived from the original on October 27, 2008. Retrieved September 14, 2008.

[8] "Gov. Crist Riding High In Florida, Quinnipiac University Poll Finds; Voters Back Ban On Gay Marriage, But Short Of 60%". Quinnipiac University Polling Institute. September 8, 2008. Retrieved July 21, 2024.

[9] "Clinton Leads Or Ties In Three Swing States, Gay Support Costs Votes, Quinnipiac University Poll Finds --- FLORIDA: Clinton 46 - Giuliani 44; OHIO: Clinton 43 - Giuliani 43; PENNSYLVANIA: Clinton 45 - Giuliani 44". Quinnipiac University Polling Institute. August 8, 2007. Retrieved July 21, 2024.

[10] "FLORIDA4MARRIAGE.ORG CONSTITUTIONAL AMENDMENT PETITION FORM" (PDF). November 9, 2008. Archived from the original (PDF) on November 9, 2008. Retrieved November 2, 2022.

[:3-11] "Anti-Gay Fla. Initiative Will Appear on Nov. Ballot | EDGE Boston, MA". EDGE Media Network. Retrieved November 2, 2022.

[12] "November 4, 2008 General Election". Florida Division of Elections. Archived from the original on February 19, 2012. Retrieved January 16, 2015.

[13] Constitutional ban on gay marriage likely to pass

[14] Brunn, Stanley D., ed. (2011). Atlas of the 2008 Elections. Rowman & Littlefield. p. 258. ISBN 9780742567962.

[15] "Amendment 2 - Not A Black Thing". Archived from the original on July 11, 2011. Retrieved November 25, 2008.

[16] "States issue verdicts on gay rights, abortion". NBC News. November 4, 2008. Retrieved November 2, 2022.

[17] "Florida bans gay marriage". Orlando Sentinel. November 6, 2008. Retrieved July 24, 2024.

[state2005-18] "Initiative Information - Florida Marriage Protection Amendment" (PDF). Florida Department of State, Division of Elections. February 6, 2005. Archived from the original (PDF) on November 9, 2008. Retrieved November 5, 2008.

[19] Same-sex marriage issue on back burner

[Poll:_Voters_unswayed_on_Amendment_2-20] Poll: Voters unswayed on Amendment 2

[21] AMENDMENT 2 FATE LIES WITH BLACK TURNOUT

[22] Florida may vote to ban gay marriage

[23] Gay marriage ban could pass

[24] State amendments seem likely to lose

[25] In California, an 'Armageddon' for same-sex marriage foes

[26] GAY MARRIAGE BAN IS DRAWING CLOSER

[27] Florida Voters Balk At School Vouchers, Quinnipiac University Poll Finds; But Back Them When Linked To 65 % Classroom Spending

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v t e U.S. same-sex unions ballot measures
1990s	Alaska Ballot Measure 2 (1998, ban) Hawaii Constitutional Amendment 2 (1998, see note¹)
2000s	California Proposition 22 (2000, ban) Nebraska Initiative 416 (2000, ban) Nevada Ballot Question 2 (2000 & 2002, ban) Missouri Constitutional Amendment 2 (2004, ban) Louisiana Constitutional Amendment 1 (2004, ban) Georgia Constitutional Amendment 1 (2004, ban) Kentucky Constitutional Amendment 1 (2004, ban) Ohio State Issue 1 (2004, ban) Mississippi Amendment 1 (2004, ban) Oklahoma State Question 711 (2004, ban) Arkansas Constitutional Amendment 3 (2004, ban) Michigan Proposal 04-2 (2004, ban) Montana Initiative 96 (2004, ban) Utah Constitutional Amendment 3 (2004, ban) North Dakota Constitutional Measure 1 (2004, ban) Oregon Ballot Measure 36 (2004, ban) Kansas Amendment 1 (2005) Texas Proposition 2 (2005, ban) Alabama Amendment 774 (2006) South Carolina Amendment 1 (2006, ban) Virginia Question 1 (2006, ban) Tennessee Amendment 1 (2006, ban) Wisconsin Referendum 1 (2006, ban) Arizona Proposition 107 (2006, constitutional ban defeated) Colorado Amendment 43 (2006, ban) South Dakota Amendment C (2006) Idaho Amendment 2 (2006, ban) Florida Amendment 2 (2008, ban) Arizona Proposition 102 (2008, ban) California Proposition 8 (2008, ban) Maine Question 1 (2009, legalizing legislation defeated)
2010s	North Carolina Amendment 1 (2012, ban) Maine Question 1 (2012, legalization) Maryland Question 6 (2012, legalization) Minnesota Amendment 1 (2012, proposed ban defeated) Washington Referendum 74 (2012, legalization)
2020s	Nevada Question 2 (2020, legalization) California Proposition 3 (2024, legalization) Colorado Amendment J (2024, legalization) Hawaii Amendment 1 (2024, legalization)
¹: De facto ban, granted Legislature authority to ban same-sex marriage. Reversed in 2013 by the Hawaii Marriage Equality Act.