It’s a bitter irony that as the nation moved past hundreds of years
of prejudice to send an African-American to the White House this week, Florida
also put into its Constitution a law similar to those used for centuries to
discriminate against blacks.
The Amendment 2 same-sex marriage ban passed
with 62 percent of the vote Tuesday, slightly more than the 60 percent required
for a state constitutional amendment. Brevard voters approved it by 63.4
percent.
It sanctions discrimination against gay Floridians simply
because of whom they love, which is a backward step into bigotry.
That’s
shameful enough.
But it also threatens to strip all nontraditional
couples of equal protection under the law, because its language allows for court
challenge of medical decision-making and hospital visitation rights and of
benefits like health-care coverage or pension-sharing for domestic partners,
straight or gay.
In states like Michigan that have passed similar
same-sex marriage bans, that’s what has happened, with the unmarried partners of
public employees having their benefits denied.
And why groups as diverse
as the Florida Professional Firefighters, Broward County School Board and County
Commission, Florida Education Association and Blue Cross Blue Shield of Florida
all rightly opposed Amendment 2.
We hope attacks from narrow-minded
groups don’t start cropping up in Florida courts against municipalities,
counties or universities where domestic partnership benefits are offered to
employees.
And that opponents of the measure regroup and mount efforts to
erase the ugly intolerance from Florida’s Constitution in future
elections.
Perhaps their motto should be “Yes, we can.”
Amendment 1 was nothing but an attempt to delete outdated, unused language in the state Constitution regarding the power to ban foreign nationals ineligible for citizenship from owning land in the state. There was no campaign for it or against it. Yet it won only 48 percent of the vote, apparently because voters read the ballot language and concluded it had something to do with the current debate over immigration. It received more than half the vote in just five counties: Miami-Dade, Broward, Palm Beach, Pinellas and Sarasota. Clearly, there has to be a better voter education effort even for innocuous amendments.
While the Amendment 1 results are curious, the Amendment 2 outcome is particularly disappointing. Florida joined Arkansas, Arizona and California on Tuesday in approving ballot initiatives that ban gay marriage. In this state, it was entirely unnecessary. There already is a state law banning marriage between couples of the same sex. Yet Amendment 2 won 62 percent of the vote statewide and a majority in every county but one, Monroe. Voters who looked beyond race in the presidential election could not look beyond sexual orientation to grasp that the impact of this amendment could stretch far beyond gay marriage to ban state recognition of civil unions and domestic partnerships. It likely will be up to the courts to protect the rights of Floridians who have entered into legal agreements for financial and medical reasons.
As encouraging as the presidential election results are about Florida's evolvement in social attitudes, the vote totals on the constitutional amendments confirm there is more work to be done.