TALLAHASSEE
The U.S. Supreme Court today established a national right for same-sex marriages in a 5-4 decision, bringing the entire country into line with what has been happening in Florida since midnight on Jan. 5.
Florida Attorney General Pam Bondi. (AP Photo / Chris O'Meara, File)
Florida was one of 37 states that already allowed gay marriages, although it was tortuous and heavily litigated fight that had most of the state’s Republican leadership in opposition.
But one of the top opponents, Attorney General Pam Bondi, said today the battle is over.
“We have always sought finality on this important constitutional issue, and today the U.S. Supreme Court provided the clarity our state and country was seeking,” said Bondi, who had been appealing the federal district judge’s opinion that overturned Florida’s 2008 state constitutional ban against same-sex marriages.
“Our country has vigorously debated the issue, with good people on all sides. Many on both sides feel strongly about the issue, having deeply held and sincere beliefs,” Bondi said. “Legal efforts were not about personal beliefs or opinions, but rather, the rule of law.”
But the fight was personal for tens of thousands of Floridians. The lesbian, gay, bisexual, and transgender (LGBT) Floridians were being denied what they believed to be a fundamental right to be treated the same under the law as their neighbors.
And one of the many troubling aspects was that the state, represented by Bondi’s office, would not recognize same-sex marriages from other states. It meant that same-sex couples, legally married in other states, could not get a divorce in Florida, leaving them in legal limbo over issues like property settlements and child custody with their former partners.
Friday’s ruling has cleared all that away. And many advocates say it gives Florida a chance to address other issues facing LGBT citizens.
“Now that the rights of so many Floridians are fully protected, I urge those of us who direct state policy to embrace this moment and expand beyond legality and open our arms to equality and opportunity,” said state Rep. David Richardson, the state’s first elected openly gay member of the Legislature. “This is our chance to reverse decades of bigotry and perception about our great state.”
But that is still no easy task, as proven by the 2015 Legislature itself.
The House battled over a bill that removed a ban on gay adoptions from state law. It wasn’t a new issue, it was simply an acknowledgement of a five-year-old court ruling that held Florida’s prohibition was unconstitutional.
Its passage was in doubt. But to his credit, Rep. Dennis Baxley, R-Ocala, one of the most conservative members of the House who deeply believes in traditional marriage, voted for the measure, acknowledging the reality of the court decision but also favoring other provisions in the bill that would encourage the adoption of special-needs children.
Baxley later changed his vote to no, but his support on the floor was critical to House passage. The bill passed the Senate and was signed into law by Gov. Rick Scott.
Another gay rights measure, supported by some of Florida’s largest corporations, such as Walt Disney World, Florida Blue and Winn Dixie, never gained any traction in the 2015 session. It would have added anti-discrimination protections for issues like employment and housing to the state law based on sexual orientation and gender identity. It didn’t make to either the House or Senate floor.
And some measures that LGBT advocates saw as hostile advanced in the session, although they ultimately did not pass.
The most prominent was a bill, sponsored by Rep. Frank Artiles, R-Miami, that would limit transgender Floridians to using the bathroom corresponding with the sex on their driver’s license. LGBT advocates said the bill was discriminatory and could create public safety risks by forcing people who present themselves publicly as male to use the women’s room and vice versa.
The bill cleared two House committees but never went anywhere in the Senate.
Howard Simon, director of ACLU of Florida, which was heavily involved in many of the same-sex legal fights, said Friday’s ruling provides an opportunity for “dismantling the remaining barriers to full equality for LGBT citizens.”
“In Florida, that means making sure that LGBT Floridians are also protected in civil rights laws against workplace and housing discrimination and ensure that the civil rights of transgender Floridians are also protected by civil rights laws,” Simon said.
“No American family should be denied the full rights and security promised by our country under law simply because of who they are,” he said.
