In an interview with GaySoFla.com, former Miami Beach Commissioner Michael C. Gongora warns that if the proposed Florida Marriage Protection Amendment is added to the state’s constitution, all Floridians could be adversely affected.

 “Amendment 2 is a confusing and misleading amendment being sold as banning “gay” marriage,” says Gongora, an attorney with the Miami law firm of Becker & Poliakoff. He points out that gay marriage is already prohibited by Florida law.  

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.’ 

“Why create an additional law with potential terrible repercussions?” Gongora asks. 

Gongora, has joined former Florida House Speakers Peter Wallace and Richard Pettigrew, former President of the American Bar Association Talbot ("Sandy") D'Alemberte and over 150 other Florida lawyers in signing an open letter urging the state’s citizens to reject the measure. The letter was released this week by the Florida Red & Blue Campaign, a bipartisan campaign fighting the amendment.

The letter states that the ambiguity in the proposed amendment language would likely result in unanticipated and serious economic and legal ramifications. 

Amendment 2 reads: "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."

According to the letter, there is a high probability of loss of existing legal protections and benefits for all Floridians, not just gay individuals. Domestic violence protections, private property arrangements, estate planning, and domestic partnership registries could be impacted if Florida voters adopt the amendment.

Assurances from proponents that the amendment would not negatively affect existing domestic partnership rights ring hollow in the ears of many who have followed news of other states adopting similar measures.

In November 2004, Michigan voters approved an amendment to the Michigan constitution much like the ballot measure Florida voters are considering.  In February of this year, the Michigan Court of Appeals issued a decision in National Pride at Work, Inc. v. Granholm, concluding that Michigan public universities cannot provide domestic-partner benefits to the same-sex partners of employees or the partners' children.

Attorney Gongora believes the same thing could happen in Florida. “Both Miami-Dade County and the City of Miami Beach currently offer domestic partner benefits to unmarried couples.  Amendment 2 has the potential to take away existing benefits from all unmarried Floridians,” says Gongora.  

LINKS RELATING TO THIS STORY:

CLICK HERE  to Read the Letter in Its Entirety and View the Signers.  
CLICK HERE  to Read Florida Gay Marriage Ban & Family Guy - Life Imitating Art? 
CLICK HERE  to Read Electile Dysfunction + Disenfranchised Democrats=Gay MarriageBan 

David L. Wylie is the Senior Editor of GaySOFLA Magazine.  Wylie is passionate about creating an online media outlet that will encourage, entertain and educate the south Florida LGBT Community.  Wylie hopes that GaySOFLA serves that purpose.  He can be reached at David@gaysofla.com