Equality Florida Pursuing Legal Challenge to Florida's Gay Marriage Ban

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Will Florida's path to legalizing same-sex marriage come through the courts?

Equality Florida is currently seeking plaintiffs to join a suit that would challenge Florida's constitutional ban on any legal recognition of same-sex partner.

Passed in 2008 as Amendment 2, Florida's ban states that marriage is "the legal union of only one man and one woman" and that "no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized."

But Equality Florida believes that last week's Supreme Court ruling on DOMA may pave the path to successfully challenge the constitutional ban in the courts.

"After consulting with state and national legal experts on the scope of the Supreme Court decision and the impact it may have for state constitutional bans, Equality Florida is reaching out to potential plaintiffs for a lawsuit in Florida," reads a release from the group.

The group is currently looking for plaintiffs to join the suit, and is asking committed gay couples to volunteer to either join the suit or share their story in a public relations campaign. Anyone interested is asked to pop by ImEngaged.Org.

Even Conservative Justice Antonin Scalia thinks they may be successful.

"By formally declaring anyone opposed to same-sex marriage as an enemy of human decency, the majority arms well every challenger to a state law restricting marriage to its traditional definition," he wrote in his dissenting opinion.

But will Floridians get behind the suit?

According to a Public Policy Polling survey from May, 75 percent of Floridians (including 74 percent of Republicans) believe gay couples should have some sort of legal recognition available to them. Though the use of the word "marriage" to describe those unions still remains controversial in the state.

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4 comments
richiep
richiep

Jessie

Sue and join the others. Don't pay any attention to theswabbie. He is an obvious inbred redneck and you are BOTH welcome here.

jesse241
jesse241

With my boyfriend and I from Maryland, where gay marriage is legal, I have always wondered if we could sue the State of Florida to recognize a marriage from our hometown.

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