154 Lawyers Oppose Amendment 2

Fellow Floridians:

We, the undersigned Florida attorneys, sign this letter to publicly share our concerns about the vague language and potentially damaging consequences of the proposed Constitutional Amendment 2 and urge our fellow Floridians to join us in opposing its inclusion in the Florida Constitution. Amendment 2 is called the “Florida Marriage Protection Amendment” and is often referred to by the media as a “gay marriage ban.” The proposed amendment is:

"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."

Florida Law Already Prohibits Same-Sex Marriage

References to ‘marriage protection’ or ‘gay marriage bans’ are misleading as four existing Florida statues [FS 741.212 (1), 741.212 (2), 741.212 (3) and 741.04] already define marriage as the union of a man and a woman or otherwise prohibit the creation or recognition of ‘same-sex marriages.’ The legality or recognition of ‘same-sex’ unions in Florida will be no more or less illegal in Florida regardless of the outcome of the proposed amendment.

Ambiguity in Amendment Language Will Likely Result in Unanticipated and Serious Economic and Legal Repercussions

Our chief concern is the section of the proposed amendment which states: “…no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.”

We agree with the 2006 report of the Florida Legislative Office of Economic and Demographic Research (EDR) which concluded: “The amendment provides no definition for the phrase ‘substantial equivalent thereof,' which lends to the ambiguity of the wording of the proposed amendment.”

Adding such vague, untested and undefined language is likely to deliver unanticipated repercussions and could substantially alter our state both economically and legally. Quoting the EDR report on Amendment 2 again, it warns, "Depending on actions taken by the Legislature, the courts, and Florida businesses, financial obligations between individuals are expected to change in complex ways…”

Potential Loss of Existing Legal Protections and Benefits for All Floridians.

* Alimony: In 2005, the State Legislature adopted new law designed to prevent a loophole where a former spouse receiving permanent alimony opts to cohabitate with a new partner rather than remarrying and continues to receive permanent alimony. Under this relatively new divorce law, a former spouse’s alimony obligation may terminate if the recipient spouse enters into a “supportive relationship” with another person. Florida case law defines a supportive relationship as one that provides “support equivalent to marriage”. Clearly, “support equivalent to marriage” is dangerously similar to “substantial equivalent to marriage”. The portion of Florida Statute 61.14 recognizing a relationship providing “support equivalent to marriage” could be held unconstitutional under Amendment 2. As a result, every former spouse who is either Court Ordered or who signed an agreement to pay permanent alimony could be required to continue paying alimony despite the fact that the receiving spouse has found a new partner. At the very least, these individuals will face a costly Court battle trying to uphold their agreements and to terminate their alimony obligations.

* Domestic Violence Protection: Other potential impacts include using Amendment 2 as a defense to domestic violence on an unmarried partner (a similar amendment was used as a domestic violence defense in Ohio). Quoting the EDR again, "By invalidating any union or ‘substantial equivalent thereof,' this amendment could be raised as a defense in domestic violence cases, resulting in fewer domestic violence convictions."

* Private Property Arrangements and Estate Planning: Without examining every potential consequence in great detail, it is possible that Amendment 2 could also have profound implications on the ability of citizens to share property or pass on assets, establish trusts or other legal arrangements or even remarry. Especially likely to be impacted by this outcome are Florida’s senior citizens and retirees who remain unmarried by choice and share pension benefits or other government benefits they have earned.

* Domestic Partnership Registries: This vague and broad language could also risk termination of the several established domestic partnership registries which are currently accessible to millions of Floridians. These registries allow unmarried Floridians to share benefits or other protections such as hospital visitation, burial rights and health care benefits. The non-partisan and independent EDR report again sites this concern in finding: “If domestic partnership registries are deemed substantially equivalent to marriage, their termination could place registrants at risk of losing specified rights and benefits, such as those related to health insurance."

While no one can know the full impact of the proposed amendment, litigation will result as vested interests challenge shared health plans, defend domestic abusers or governments seek clarity to the undefined language in the proposal. Even if every warning and potential outcome proves unfounded, the years of uncertainty and sheer legal expenses would be costly and unnecessary. As attorneys, our legal education and experience make us hesitant to support the vague and untested language in Amendment 2. Adding such a provision to our Constitution is unwise, especially when adopting the amendment will not alter our state’s current laws banning ‘same-sex marriage.’

As Floridians, we are concerned by the range of impacts Amendment 2 could have on us and our neighbors. It’s simply not worth risk that Amendment 2 could take away existing legal protections and benefits from even a single Floridian.

Accordingly, we strongly oppose the adoption of Amendment 2 and ask our legal colleagues and all Florida voters to join us in speaking out and voting against this dangerous provision. With regards and thanks for your attention.

Ramon Abadin
Lawrence Abramson
David Ackley
W. Cleveland Acree, II
Angie Angelis
Mary Merrell Bailey
Greg Baldwin
Patricia Baloyra
Lori Barkus
Jeff Battista
David Jay Bernstein
Margaret Bettenhausen
Garry Bevel
Brian Bilzin
Michael Birnholz
Edward Blaisdell
Jonathan Blecher
Stacy Borisov
Susan Bozorgi
Rutledge Bradford
Mark Brandt
Nancy Brodzki
Kenneth Bryk
Jeffrey Buak
Peggy Smith Bush
O. Kim Byrd
Taysha Carmody
Jerry Chasen
Edward Conrad-Waggoner
Leslie Cooney
Eric Copeland
Penelope Crandall
Earl Crittenden
Chad Cronon
Thomas Cushman
Talbot D'Alemberte
David da Silva Cornell
Patrick Daugherty
Jacqueline Kelley Davis
Shelbi Day
Deirdre Dibiaggio
Roger Dodd
Karen M. Doering
Michael Dolce
Robert Dougherty
D. Michael Elkins
Sarah Engel
Michael Feiler
David Finkelstein, Attorney and CPA
Beth Fountain
Fredrick "Rick" Freedman
Rick Freedman
Ellen Freidin
Jaime Generazzo
Judd Goldberg
Michael Gongora
David Goroff
Mark Grant
Sandra Greenblatt
Ron Gunzburger
Robert Hasty
William Hill
Donald Hinkle
Mary Hoftiezer
Patrick Howell
Yosbel Ibarra
Harry Jacobs
Russell Jacobs
Kathryn Kasprzak
Ken Keechl
Kristyne Kennedy
Georg Ketelhohn
Robert Kohlman
Judith Koons
Joel Kopelman
Jeremy Korch
John Kozyak
Benedict P. Kuehne
Edward Lack
Stephan Lampasso
Shawn Libman
Peter Lichtman
Joanne Linley
Lisa London
John Lord, Jr.
Sheryl Lowenthal
Wallace Magathan
Chris Mancini
Shana Manuel
David Marko
Lee Marks
Yery Marrero
Michele Martin
Natalie Maxwell
Liz McCausland
Blaine McChesney
Nicole McLaren
Carrington Mead
Mary Meeks
Jeffrey Miller
Richard Milstein
Sa Mollica
Regine Monestime
Michael Morris
Gregg Morton
Anthony Niedwiecki
Anne O'Berry
Lynn Overmann
Patsy Palmer
Marshall Pasternack
Andrew Patten
Richard Pettigrew
Laura Pichardo
Lorene L. Clemans Powell
Sam Rabin
Brett Rahall
Oliver Ramos
Patricia Rathburn
Mycki Ratzan
Gary Resnick
Philip Richardson
Miriam Richter
Joel Robrish
Robert Rossano
John Ruffier
John Ruffier
Mauro Santos
David Schauer
Scott Schlegel
Warren S. Schwartz
Mark Scott
Joseph Seagle
Larry Smith
Scott Sokol
Neal Sonnett
Kelly Spegon
Robert Spohrer
Helen Spohrer
Carey Stiss
Kimarie Stratos
John Sumberg
Matthew Tabakman
Jeremy Thompson
Jonas Urba
Matthew Walker
Philip Wallace
Peter Wallace
Roberta Watson
James Weinkle
Patricia Welles
Crystal Whitescarver
Mitchell Widom
Marva Wiley
Camille Worsnop