| March
23, 2006
News Release
Florida
Marriage Protection Amendment Approved
By Florida Supreme Court
Tallahassee,
FL - Today in a 7-0
opinion, the Florida Supreme Court cleared the Florida Marriage
Protection Amendment ("Amendment") to be placed on a statewide ballot
once the 611,009 signatures are certified. Mathew Staver, President
and General Counsel of Liberty Counsel, presented the argument on
behalf of Florida4Marriage.org, the sponsor of the Amendment. The
Amendment language was drafted by Liberty Counsel.
The
Amendment states: "Inasmuch as marriage is the legal union of only
one man and one woman, no other legal union that is treated as marriage
or the substantial equivalent thereof shall be valid or recognized."
The Court rejected the ACLU's single subject argument, which focused
on the second clause, by ruling that "the voter is merely being
asked to vote on the singular subject of whether the concept of
marriage and the rights and obligations traditionally embodied therein
should be limited to the union of one man and one woman." The Court
ruled that the Amendment would not cause a cataclysmic change in
the law but would instead place in the state constitution the protection
of marriage as the union of one man and one woman. The Court also
rejected the ACLU's argument regarding the Title and Ballot Summary.
The Court ruled that the phrase "marriage or the substantial equivalent
thereof" is "frequently used and understood by the common voter."
The Court wrote that "the chief purpose of the amendment is to ensure
that unions between same-sex couples that are treated virtually
identical to marriage will not be recognized in Florida." The opinion
also states the Title and Ballot Summary adequately informs the
voter that the chief purpose is "limiting marriage to the legal
union of only one man and one woman." The Court also ruled that
the word "protect" means to "maintain the status and integrity of"
and thus is not misleading. Finally, the Court ruled that the Financial
Impact Statement prepared by the Financial Impact Estimating Conference,
which says that the "financial impact cannot be determined, but
is expected to be minor," satisfies the statutory requirement.
In
contrast to today's unanimous ruling upholding the Amendment, the
Court, in a 6-1 vote struck down the apportionment amendment regarding
legislative districts.
Staver,
who argued the case, commented: "While most initiatives create something
new, the Florida Marriage Protection Amendment protects something
old. It does not change existing law. It preserves the status quo.
Very soon the remaining signatures will be certified and the people
of Florida will vote to protect traditional marriage. I have no
doubt that this marriage amendment will pass by an overwhelming
majority. Marriage should be decided by the people, not the courts."
Read
the Unanimous Opinion
Sign
the Petition for the Florida Marriage Amendment
"Same-Sex Marriage: Putting Every Household at Risk"
Read the book review and ordering information
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Liberty
Counsel, headquartered in Orlando, Florida, is a nonprofit litigation,
education and policy organization dedicated to advancing religious freedom,
the sanctity of human life and the traditional family. On the campus of
Liberty University School of Law in
Lynchburg, Virginia, Liberty Counsel's Center
for Constitutional Litigation and Policy trains attorneys, law students,
policymakers, legislators, clergy and world leaders in constitutional principles
and government policies.
Mathew
D. Staver, Esq.
Liberty Counsel
PO Box 540774
Orlando, FL 32854
800-671-1776
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