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Amendment 2 No Threat To Domestic Unions

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By DAVID CATON

The Tampa Tribune

Published: October 12, 2008

This responds to The Tampa Tribune's Sept. 28 editorial that opposed Amendment 2, the Florida Marriage Protection Amendment. The Tribune's basis for opposing the marriage amendment is contradicted by their own facts and by the Florida Supreme Court.

The Tampa Tribune cited a Miami hospital which did not allow a same-sex partner "family" visitation status. The Tribune alleges that if voters approve the marriage amendment that "hospitals could continue to do just that." To make the time line clear for relevance, the Miami hospital's actions denying visitation occurred before the marriage amendment was approved by voters. Therefore, "hospitals could continue to do just that" without regard to the marriage amendment.

More harmful than the emotional but substantiveless hospital example is The Tampa Tribune's distorted and partial representation that the marriage amendment will impact domestic partnerships and civil unions.

The Florida Supreme Court unanimously ruled that the Florida Marriage Protection Amendment only protects marriage and does not impact domestic partnerships. Since the Supreme Court, the ultimate trier of fact on these cases, has already ruled the amendment does not impact domestic partnerships the Tribune's position is simply and succinctly incorrect. Additionally, civil unions are not legal under Florida Statutes.

The Tampa Tribune also claims the amendment is unnecessary because Florida Statutes already prohibit same sex marriage. Two state supreme courts, Massachusetts and California, ruled that their state statutes defining marriage as only between one man and one woman were unconstitutional. These rogue courts got away with legislating from the bench because the definition of marriage was absent from both states' constitutions. It is important to amend the constitution to define marriage before the Florida Supreme Court hears a case on this issue.

Certainly the Tribune is entitled to opine for or against any amendment they choose. However, citing an example in a context that does not make sense together with failing to include the Florida Supreme Court's important ruling on the substantive issue is a disservice to voters.

David Caton is the executive director of the Florida Family Association.

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