View source for 2008 Florida Amendment 2

{{Short description|Referendum on legally defining marriage as heterosexual}}
{{for|other amendments|Florida Amendment 2 (disambiguation)}}
{{Use mdy dates|date=September 2023}}
{{Infobox referendum
| name = Amendment 2
|yes = 4,890,883
|no = 3,008,026
|total = 8,456,329
| electorate = 11,247,634
| turnoutpct = 75.18
| map = 2008 Florida Amendment 2 results map by county.svg
| mapcaption = 
{{col-begin}}
{{col-2}}
'''Yes''' 
{{legend|#28497C|80–90% |border=1px #AAAAAA solid}}
{{legend|#47729E|70–80% |border=1px #AAAAAA solid}}
{{legend|#7D9CBB|60–70% |border=1px #AAAAAA solid}}
{{legend|#B6C8D9|50–60% |border=1px #AAAAAA solid}}
{{col-2}}
'''No'''
{{legend|#DEDEBD|50–60% |border=1px #AAAAAA solid}}
{{col-end}}
| notes = Sources: <ref>[https://results.elections.myflorida.com/DetailRpt.Asp?ELECTIONDATE=11/4/2008&RACE=A02&PARTY=&DIST=&GRP=&DATAMODE= Florida Department of State Division of Elections November 4, 2008 General Election]</ref><ref>[https://results.elections.myflorida.com/Index.asp?ElectionDate=11/4/2008&DATAMODE= November 4, 2008 General Election Official Results Voter Registration and Turnout]</ref>
|title='''''Marriage Protection Amendment'''''|country=Florida|date=November 4, 2008}}
{{ElectionsFL}}

'''Florida Amendment 2''' is an [[Constitutional amendment|amendment]] made to [[Florida Constitution|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 union]]s or [[same-sex marriage]].          Since 2014, the measure was [[Same-sex marriage in Florida#State lawsuits|litigated in court]] and was struck down by multiple state courts in several counties of [[South Florida|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.<ref name=":0">{{cite news|last1=Sweeney |first1=Dan|title=Same-sex marriage ban struck down in Florida federal court|url=http://www.sun-sentinel.com/fl-gay-marriage-federal-court,0,191085.story |access-date=August 21, 2014|work=Sun-Sentinel|date=August 21, 2014}}</ref><ref>{{cite news|last1=Snow |first1=Justin |title=Federal judge rules Florida same-sex marriage ban unconstitutional |url=http://www.metroweekly.com/2014/08/federal-judge-rules-florida-same-sex-marriage-ban-unconstitutional/|access-date=August 21, 2014|work=Metro Weekly|date=August 21, 2014}}</ref>

==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.<ref name=":0" /> 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.<ref name=":1">{{Cite web |last=Kanotz |first=Michael J. |date=2004-03-12 |title=FOR BETTER OR FOR WORSE: A CRITICAL ANALYSIS OF FLORIDA'S DEFENSE OF MARRIAGE ACT |url=http://www.law.fsu.edu/journals/lawreview/downloads/252/kanotz.pdf |archive-url=https://web.archive.org/web/20040312084728/http://www.law.fsu.edu/journals/lawreview/downloads/252/kanotz.pdf |archive-date=2004-03-12 |access-date=2022-11-02 |pages=7–8}}</ref>

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.<ref>{{cite news |last=Lush |first=Tamara |date=March 8, 2004 |title=Floridians oppose gay marriage |url=http://www.sptimes.com/2004/03/08/State/Floridians_oppose_gay.shtml |url-status=dead |work=[[St. Petersburg Times]] |location=[[St. Petersburg, Florida]] |archive-url=https://web.archive.org/web/20040415102333/http://www.sptimes.com/2004/03/08/State/Floridians_oppose_gay.shtml |archive-date=April 15, 2004 |access-date=July 21, 2024}}</ref>

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.<ref name=":2" /> 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.<ref>{{cite news|title=Gov. Crist Riding High In Florida, Quinnipiac University Poll Finds; Voters Back Ban On Gay Marriage, But Short Of 60% |url=https://poll.qu.edu/Poll-Release-Legacy?releaseid=1211|access-date=July 21, 2024|work=Quinnipiac University Polling Institute|date=September 8, 2008}}</ref><ref>{{cite news|title=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 |url=https://poll.qu.edu/Poll-Release-Legacy?releaseid=2198|access-date=July 21, 2024|work=Quinnipiac University Polling Institute|date=August 8, 2007}}</ref>

==Campaign==
[[File:Orlando Pride Parade 1 (2937670531).jpg|thumb|Activists with [[Equality Florida]] urging voters to oppose the amendment during the 2008 [[pride parade]] in [[Orlando, Florida|Orlando]]]]

The amendment was proposed in an [[Popular initiative|initiative]] by Florida4Marriage.<ref>{{Cite web |date=2008-11-09 |title=FLORIDA4MARRIAGE.ORG CONSTITUTIONAL AMENDMENT PETITION FORM |url=http://election.dos.state.fl.us/initiatives/fulltext/pdf/41550-1.pdf |archive-url=https://web.archive.org/web/20081109195954/http://election.dos.state.fl.us/initiatives/fulltext/pdf/41550-1.pdf |archive-date=2008-11-09 |access-date=2022-11-02}}</ref> 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.<ref name=":3">{{Cite web |title=Anti-Gay Fla. Initiative Will Appear on Nov. Ballot {{!}} EDGE Boston, MA |url=https://boston.edgemedianetwork.com/story.php?55748 |access-date=2022-11-02 |website=EDGE Media Network |language=en-us}}</ref> 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.<ref name=":1" /> 60% of voters were required to pass the amendment in Florida.

Similar proposals were put to a vote at the same time in [[Arizona Proposition 102 (2008)|Arizona]] and [[California Proposition 8 (2008)|California]].

Voting for the amendment began on November 4, 2008.

== Results ==

{{Referendum
| title = Amendment 2<ref>{{cite web |url=http://election.dos.state.fl.us/elections/resultsarchive/DetailRpt.Asp?ELECTIONDATE=11/4/2008&RACE=A02&PARTY=&DIST=&GRP=&DATAMODE= |title=November 4, 2008 General Election |publisher=Florida Division of Elections |access-date=2015-01-16 |archive-url=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= |archive-date=February 19, 2012 |url-status=dead }}</ref>
| yes = 4,890,883
| yespct = 61.92
| no = 3,008,026
| nopct = 38.08
| valid = 7,898,909
| validpct = 93.41
| invalid = 557,420
| invalidpct = 6.59
| total = 8,456,329
| turnoutpct = 75.18
}}

On November 4, 2008, polls closed in the entire [[State of Florida]] at 7 pm [[Central Time Zone|CT]] and according to election reports that late [[evening]] via the ''[[St. Petersburg Times]]'', Amendment 2 had passed.<ref>[https://web.archive.org/web/20081108130716/http://www.tampabay.com/news/politics/article890422.ece Constitutional ban on gay marriage likely to pass ]</ref> 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%.<ref>{{cite book |url=https://books.google.com/books?id=5ggy2mhqVGsC&pg=PA258 |title=Atlas of the 2008 Elections |publisher=Rowman & Littlefield |year=2011 |isbn=9780742567962 |editor-last=Brunn |editor-first=Stanley D. |page=258 |display-authors=etal}}</ref> 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.<ref>{{cite web |title=Amendment 2 - Not A Black Thing |url=http://www.floridablade.com/2008/11-13/view/columns/5264.cfm |url-status=dead |archive-url=https://web.archive.org/web/20110711010904/http://www.floridablade.com/2008/11-13/view/columns/5264.cfm |archive-date=2011-07-11 |access-date=2008-11-25}}</ref> [[Monroe County, Florida|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 LGBT 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.<ref>{{Cite web |title=States issue verdicts on gay rights, abortion |url=https://www.nbcnews.com/id/wbna27523989 |access-date=2022-11-02 |website=NBC News |date=November 4, 2008 |language=en}}</ref><ref>{{Cite web |title=Florida bans gay marriage |url=https://www.orlandosentinel.com/2008/11/06/florida-bans-gay-marriage/ |access-date=July 24, 2024 |website=Orlando Sentinel |date=November 6, 2008 |language=en}}</ref>

==Effects==
Amendment 2 added Article I Section 27 of the Florida constitution. This states:{{blockquote|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.<ref name="state2005">{{cite web|title=Initiative Information - Florida Marriage Protection Amendment|publisher=Florida Department of State, Division of Elections|date=February 6, 2005|url=http://election.dos.state.fl.us/initiatives/fulltext/pdf/41550-1.pdf|access-date=2008-11-05|archive-url=https://web.archive.org/web/20081109195954/http://election.dos.state.fl.us/initiatives/fulltext/pdf/41550-1.pdf|archive-date=November 9, 2008|url-status=dead|df=mdy-all}}</ref>}}

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 partnership in Florida|Domestic partnerships in Florida]], legal in 4 counties and 15 municipalities at the time, were unaffected by the amendment.

==Aftermath and legal challenges ==
{{Unreferenced section|date=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. Multiple state lawsuits against the amendment have already been successful so far, succeeding in the amendment being struck down successively in [[Monroe County, Florida|Monroe]], [[Miami-Dade County, Florida|Miami-Dade]], and [[Broward County, Florida|Broward]] counties. On August 5, 2014, a [[Palm Beach County, Florida|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, [[Florida gubernatorial election, 2014|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 [[Florida Democratic Party|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==

{| class="wikitable"
|-
!Date of opinion poll
!Conducted by
![[Sample size]]
!In favor
!Against
!Undecided
!Margin
!Margin of Error
!Source
|-
| style="background:#f0f0f0;" | Early November and/or late October 2008 || [[Mason-Dixon Polling & Strategy]] || 625 likely voters || {{Yes|''56%''|align=left}} || 37% || ? || 19% pro || ? || <ref>[https://www.politico.com/story/2008/11/same-sex-marriage-issue-on-back-burner-015185 Same-sex marriage issue on back burner ]</ref>
|-
| style="background:#f0f0f0;" | October 31, 2008 || ''[[Orlando Sentinel]]'' || 625 registered voters || {{Yes|''55%''|align=left}} || 35% || 10% || 20% pro || ±4% || <ref name="Poll: Voters unswayed on Amendment 2 ">[https://www.orlandosentinel.com/2008/11/01/poll-voters-unswayed-on-amendment-2/ Poll: Voters unswayed on Amendment 2 ]</ref>
|-
| style="background:#f0f0f0;" | October 20 - 22, 2008 || ''[[St. Petersburg Times]]'' / ''[[Bay News 9]]'' / ''[[Miami Herald]]'' || 800 voters || {{Yes|''59%''|align=left}} || ? || ? || ? || ±3.5% || <ref>[https://www.tampabay.com/archive/2008/10/24/amendment-2-fate-lies-with-black-turnout/ AMENDMENT 2 FATE LIES WITH BLACK TURNOUT]</ref>
|-
| style="background:#f0f0f0;" rowspan=2 colspan=1 | October 20 - 21, 2008 || ''Orlando Sentinel'' || 625 registered voters || {{Yes|''56%''|align=left}} || 37% || 7% || 19% pro || ? || <ref>[https://www.thepinknews.com/2008/10/24/florida-may-vote-to-ban-gay-marriage/ Florida may vote to ban gay marriage]</ref>
|-
| Mason-Dixon Polling & Strategy || 625 likely voters || {{Yes|''57%''|align=left}} || 36% || 7% || 20% pro || ±4% || <ref>[https://miamiherald.typepad.com/nakedpolitics/2008/10/gay-marriage-ba.html Gay marriage ban could pass]</ref>
|-
| style="background:#f0f0f0;" | October 13 - 15, 2008 || Research 2000 ||  600 likely voters|| {{Yes|''53%''|align=left}} || 42% || 5% || 11% pro || ±4% || <ref>[https://www.sun-sentinel.com/2008/10/19/state-amendments-seem-likely-to-lose/ State amendments seem likely to lose ]</ref>
|-
| style="background:#f0f0f0;" | Early October 2008 || Mason-Dixon Polling & Strategy || 625 likely voters || {{Yes|''55%''|align=left}} || 34% || ? || rowspan=2 colspan=1 | 21% pro || ? || <ref>[https://www.nytimes.com/2008/10/27/world/americas/27iht-calif.1.17271699.html In California, an 'Armageddon' for same-sex marriage foes]</ref>
|-
| style="background:#f0f0f0;" | September 14 - 17, 2008 || SEA Polling and Strategic Design / Polling Co. / ''Miami Herald'' || 800 registered voters || {{Yes|''58%''|align=left}} || 37% || 5% || ±3.5% || <ref>[https://www.tampabay.com/archive/2008/09/20/gay-marriage-ban-is-drawing-closer/ GAY MARRIAGE BAN IS DRAWING CLOSER]</ref>
|-
| style="background:#f0f0f0;" | September 2 – 4, 2008 || [[Quinnipiac University]] || 1,427 voters || {{Yes|''55%''|align=left}} || 41% || 4% || 14% pro || ±2.6% || <ref name=":2">{{cite web|url=http://www.quinnipiac.edu/x1297.xml?ReleaseID=1211|title=Voters Back Ban On Gay Marriage, But Short Of 60%|date=2008-09-08|work=Quinnipiac University|access-date=2008-09-14|archive-url=https://web.archive.org/web/20081027215132/http://www.quinnipiac.edu/x1297.xml?ReleaseID=1211|archive-date=2008-10-27|url-status=dead}}</ref>
|-
| style="background:#f0f0f0;" | August 2008 || Mason-Dixon Polling & Strategy || ? || {{Yes|''57%''|align=left}} || ? || ? || ? || ? || <ref name="Poll: Voters unswayed on Amendment 2 " />
|-
| style="background:#f0f0f0;" | May 27 – June 1, 2008 || Quinnipiac University || 1,625 voters || {{Yes|''58%''|align=left}} || 37% || 4% || 21% pro || ±2.4% || <ref>[https://poll.qu.edu/Poll-Release-Legacy?releaseid=1181 Florida Voters Balk At School Vouchers, Quinnipiac University Poll Finds; But Back Them When Linked To 65 % Classroom Spending ]</ref>
|-
|}

== See also ==
* [[LGBT rights in Florida]]
* [[Same-sex marriage in Florida]]
* [[Recognition of same-sex unions in Florida]]

== References ==
{{reflist}}

==External links==
* [http://www.yes2marriage.org/ Yes2Marriage.org] (Amendment 2 proponents)
* [http://www.sayno2.com/ SayNo2.com] (Amendment 2 opponents)
* [http://www.followthemoney.org/press/ReportView.phtml?r=406 The Money Behind the 2008 Same-Sex Partnership Ballot Measures - The National Institute On Money In State Politics]
{{U.S. same-sex unions ballot measures}}
{{Same-sex unions in the United States}}

[[Category:2008 in LGBTQ history]]
[[Category:2008 Florida elections]]
[[Category:2008 ballot measures in the United States]]
[[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]]