2008 Florida Amendment 2

Referendum on legally defining marriage as heterosexual other amendments Florida Amendment 2 (disambiguation) February 2026 September 2023 Amendment 2 4,890,883 3,008,026 8,456,329 11,247,634 75.18 2008 Florida Amendment 2 results map by county.svg County results Yes #28497C 80–90% 1px #AAAAAA solid #47729E 70–80% 1px #AAAAAA solid #7D9CBB 60–70% 1px #AAAAAA solid #B6C8D9 50–60% 1px #AAAAAA solid No #DEDEBD 50–60% 1px #AAAAAA solid Sources:Florida Department of State Division of Elections November 4, 2008 General ElectionNovember 4, 2008 General Election Official Results Voter Registration and Turnout Marriage Protection Amendment Florida November 4, 2008 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.Sweeney Dan Same-sex marriage ban struck down in Florida federal court http://www.sun-sentinel.com/fl-gay-marriage-federal-court,0,191085.story August 21, 2014 Sun-Sentinel August 21, 2014 August 26, 2014 https://web.archive.org/web/20140826113342/http://www.sun-sentinel.com/fl-gay-marriage-federal-court,0,191085.story deadSnow Justin Federal judge rules Florida same-sex marriage ban unconstitutional http://www.metroweekly.com/2014/08/federal-judge-rules-florida-same-sex-marriage-ban-unconstitutional/ August 21, 2014 Metro Weekly August 21, 2014 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 & adoption. 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.Kanotz Michael J. 2004-03-12 FOR BETTER OR FOR WORSE: A CRITICAL ANALYSIS OF FLORIDA'S DEFENSE OF MARRIAGE ACT http://www.law.fsu.edu/journals/lawreview/downloads/252/kanotz.pdf https://web.archive.org/web/20040312084728/http://www.law.fsu.edu/journals/lawreview/downloads/252/kanotz.pdf 2004-03-12 2022-11-02 7–8 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 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.Lush Tamara March 8, 2004 Floridians oppose gay marriage http://www.sptimes.com/2004/03/08/State/Floridians_oppose_gay.shtml dead St. Petersburg Times St. Petersburg, Florida https://web.archive.org/web/20040415102333/http://www.sptimes.com/2004/03/08/State/Floridians_oppose_gay.shtml April 15, 2004 July 21, 2024 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. 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.Gov. Crist Riding High In Florida, Quinnipiac University Poll Finds; Voters Back Ban On Gay Marriage, But Short Of 60% https://poll.qu.edu/Poll-Release-Legacy?releaseid=1211 July 21, 2024 Quinnipiac University Polling Institute September 8, 2008Clinton 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 https://poll.qu.edu/Poll-Release-Legacy?releaseid=2198 July 21, 2024 Quinnipiac University Polling Institute August 8, 2007 Campaign thumb|Activists with Equality Florida urging voters to oppose the amendment during the 2008 pride parade in Orlando The amendment was proposed in an initiative by Florida4Marriage.2008-11-09 FLORIDA4MARRIAGE.ORG CONSTITUTIONAL AMENDMENT PETITION FORM http://election.dos.state.fl.us/initiatives/fulltext/pdf/41550-1.pdf https://web.archive.org/web/20081109195954/http://election.dos.state.fl.us/initiatives/fulltext/pdf/41550-1.pdf 2008-11-09 2022-11-02 Although same-sex marriage was already banned, some worried that a court case such as Wilson v. Ake could possibly overturn the same-sex marriage ban.Anti-Gay Fla. Initiative Will Appear on Nov. Ballot EDGE Boston, MA https://boston.edgemedianetwork.com/story.php?55748 2022-11-02 EDGE Media Network en-us 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. 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 2http://election.dos.state.fl.us/elections/resultsarchive/DetailRpt.Asp?ELECTIONDATE=11/4/2008&RACE=A02&PARTY=&DIST=&GRP=&DATAMODE= November 4, 2008 General Election Florida Division of Elections 2015-01-16 https://web.archive.org/web/20120219002159/http://election.dos.state.fl.us/elections/resultsarchive/DetailRpt.Asp?ELECTIONDATE=11%2F4%2F2008&RACE=A02&PARTY=&DIST=&GRP=&DATAMODE= February 19, 2012 dead 4890883 7898909 3008026 75.18 557420 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.Constitutional ban on gay marriage likely to pass 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%.https://books.google.com/books?id=5ggy2mhqVGsC&pg=PA258 Atlas of the 2008 Elections Rowman & Littlefield 2011 9780742567962 Brunn Stanley D. 258 etal 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.Amendment 2 - Not A Black Thing http://www.floridablade.com/2008/11-13/view/columns/5264.cfm dead https://web.archive.org/web/20110711010904/http://www.floridablade.com/2008/11-13/view/columns/5264.cfm 2011-07-11 2008-11-25 Monroe County was the only county to have a majority of the voters reject the amendment by a margin of 1,580 votes. Monroe County is home to a large LGBTQ community, particularly in Key West. Due to the influence of this community, Monroe County was the only county in Florida to reject 2008 Florida Amendment 2, which banned same-sex marriage and civil unions in the state. The amendment passed in the state with 60% of the vote. Florida joined California and Arizona, along with 26 previous states that approved other same-sex marriage bans such as this.States issue verdicts on gay rights, abortion https://www.nbcnews.com/id/wbna27523989 2022-11-02 NBC News November 4, 2008 enFlorida bans gay marriage https://www.orlandosentinel.com/2008/11/06/florida-bans-gay-marriage/ July 24, 2024 Orlando Sentinel November 6, 2008 en 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.Initiative Information - Florida Marriage Protection Amendment Florida Department of State, Division of Elections February 6, 2005 http://election.dos.state.fl.us/initiatives/fulltext/pdf/41550-1.pdf 2008-11-05 https://web.archive.org/web/20081109195954/http://election.dos.state.fl.us/initiatives/fulltext/pdf/41550-1.pdf November 9, 2008 dead mdy-all 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 November 2022 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.2014-01-22 Six couples sue to overturn Florida's same-sex marriage ban http://www.nbcnews.com/news/us-news/six-couples-sue-overturn-floridas-same-sex-marriage-ban-flna2D11967794 2026-01-06 NBC News en 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 pollConducted bySample sizeIn favorAgainstUndecidedMarginMargin of ErrorSource Early November and/or late October 2008 Mason-Dixon Polling & Strategy 625 likely voters 56% left 37% ? 19% pro ? Same-sex marriage issue on back burner October 31, 2008 Orlando Sentinel 625 registered voters 55% left 35% 10% 20% pro ±4% Poll: Voters unswayed on Amendment 2 October 20–22, 2008 St. Petersburg Times / Bay News 9 / Miami Herald 800 voters 59% left ? ? ? ±3.5% AMENDMENT 2 FATE LIES WITH BLACK TURNOUT October 20–21, 2008 Orlando Sentinel 625 registered voters 56% left 37% 7% 19% pro ? Florida may vote to ban gay marriage Mason-Dixon Polling & Strategy 625 likely voters 57% left 36% 7% 20% pro ±4% Gay marriage ban could pass October 13–15, 2008 Research 2000 600 likely voters 53% left 42% 5% 11% pro ±4% State amendments seem likely to lose Early October 2008 Mason-Dixon Polling & Strategy 625 likely voters 55% left 34% ? 21% pro ? In California, an 'Armageddon' for same-sex marriage foes September 14–17, 2008 SEA Polling and Strategic Design / Polling Co. / Miami Herald 800 registered voters 58% left 37% 5% ±3.5% GAY MARRIAGE BAN IS DRAWING CLOSER September 2 – 4, 2008 Quinnipiac University 1,427 voters 55% left 41% 4% 14% pro ±2.6% http://www.quinnipiac.edu/x1297.xml?ReleaseID=1211 Voters Back Ban On Gay Marriage, But Short Of 60% 2008-09-08 Quinnipiac University 2008-09-14 https://web.archive.org/web/20081027215132/http://www.quinnipiac.edu/x1297.xml?ReleaseID=1211 2008-10-27 dead August 2008 Mason-Dixon Polling & Strategy ? 57% left ? ? ? ? May 27 – June 1, 2008 Quinnipiac University 1,625 voters 58% left 37% 4% 21% pro ±2.4% Florida Voters Balk At School Vouchers, Quinnipiac University Poll Finds; But Back Them When Linked To 65 % Classroom Spending See also LGBT rights in Florida Same-sex marriage in Florida Recognition of same-sex unions in Florida References 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 Category:2008 in LGBTQ history Category:2008 Florida elections Florida Amendment 2 Category:Florida ballot measures Category:Initiatives in the United States Category:LGBTQ in Florida Category:U.S. state constitutional amendments banning same-sex unions Category:Same-sex marriage ballot measures in the United States Category:Marriage in Florida