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Jeb Bush and ACLU oppose Florida constitutional amendment to ban gay marriage
Florida Times-Union ^ | 09/22/2005 | J. Taylor Rushing and Jeff Brumley

Posted on 09/22/2005 4:46:46 AM PDT by RightDemocrat

The American Civil Liberties Union and gay rights groups have made a legal challenge to the proposed same-sex marriage ban amendment that got its start in Jacksonville last year. The ACLU, joined by Equality Florida and the National Center for Lesbian Rights, filed a brief with the Florida Supreme Court on Wednesday in an attempt to prevent the Florida Marriage Protection Amendment from getting onto the general election ballot in November 2006.

The Orlando-based Florida Coalition to Protect Marriage is pushing the amendment, but ACLU lawyers say it is misleading and could actually affect traditional families.

Specifically, the ACLU says the amendment unfairly combines a popular idea such as banning same-sex marriage with a less-popular idea such as banning other forms of protection like civil unions.

The amendment 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."

John Stemberger, chairman of the Florida Coalition to Protect Marriage, denied the amendment is deceptive. The ACLU's brief is somewhat remarkable because it sounds like they haven't read the language," Stemberger said. "It's crystal-clear, succinct and not confusing in any way."

Gov. Jeb Bush said Wednesday he is still opposed to an amendment against same-sex marriage because the state's laws already prohibit the practice.

"Like other things, I just don't think these things necessarily have to be embedded in our constitution," Bush said. "There are state laws that ban gay marriages in our state, and I don't see anything on the horizon that would create any kind of constitutional change. If there was, perhaps it would be necessary."

(Excerpt) Read more at jacksonville.com ...


TOPICS: News/Current Events
KEYWORDS: aclu; florida; gay; gojebgo; jebbush; jebforprez; jebin08; marriage; morebushinthewh
Jeb Bush and the ACLU oppose an effort to put a ban on gay marriage in the Florida constitution. Bush and the ACLU are no doubt worried that the amendment will impact local domestic partner laws in Broward and Monroe counties. Bush is correct that Florida law already bans gay marriage, however, an explicit guarantee of the right to privacy in the state's constitution leaves the existing state law vulnerable to legal challenge. The reality is that Jeb Bush, also an advocate of driver's licenses for illegal aliens, shares the position of the ACLU on this matter.
1 posted on 09/22/2005 4:46:51 AM PDT by RightDemocrat
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To: RightDemocrat

So - the Anti Christian Litigation Unit is out to prevent the voters from expressing their choice.


2 posted on 09/22/2005 5:14:18 AM PDT by RoadTest (Packaging Is Everything!)
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To: RightDemocrat

The point that Governor Bush is making is that there are state laws already in place that ban this reprehensible behavior. This is not to be misconstrued that he is soft on this issue, he is not. And driver's licenses for even illegals is a way to track and keep tabs on all of them. Personally I would like to see every damn one of them sent back to Cuba or Mexico with the thread of a long incarceration tied to a return but the liklihood of ever being able to do that is nil. They are everywhere in this state. This way at least they are registered.


3 posted on 09/22/2005 5:17:48 AM PDT by stm
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To: stm

Thank you for the lucid explanation.


4 posted on 09/22/2005 5:19:44 AM PDT by verity (Don't let your children grow up to be mainstream media maggots.)
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To: RightDemocrat
I do support a constitutional amendment. Florida's Supreme Court - better known as SCOFLAW - is one of the most activist liberal courts in the country. If the kangaroo Supremes wanted to - they could strike down Florida's man-woman marriage statute. What's to stop them? Jeb Bush is being an ass in opposing preventing judicial tyrants from usurping the will of the people.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
5 posted on 09/22/2005 5:20:58 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: RightDemocrat

This is a stupid amendment. Gay marriage is already illegal in Florida. Why open a can of worms?


6 posted on 09/22/2005 5:24:41 AM PDT by Brilliant
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Comment #7 Removed by Moderator

To: bobbdobbs

There is a problem with frivolous amendments to the constitution in our state. Florida already has a constitutional amendment protecting pigs. The Florida legislature should get to work on improving the amendment system.

But as the law currently stands, if the people want to add marriage protection to the constitution, that is their business. So I have to say sorry Jeb, if pigs can be protected, so can marriage.


8 posted on 09/22/2005 6:14:45 AM PDT by Waryone
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To: bobbdobbs
You shouldn't clutter up a Constitution with criminal statutes

The proposed amendment is NOT written in the wording of a criminal statute. Not even close.

It is written so as to deny the legislature and courts power over a specific matter. That's exactly what a constitution is for.

9 posted on 09/22/2005 6:23:03 AM PDT by JCEccles
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To: bobbdobbs
Constitutions are procedural constraints on the operation of government.

That's a narrow view. Constitutions are constraints on the courts. The amendment is needed to stop the courts from throwing out the state law against gay marraige.

10 posted on 09/22/2005 6:30:46 AM PDT by aimhigh
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To: Brilliant
This is a stupid amendment. Gay marriage is already illegal in Florida. Why open a can of worms?

Opening a can of worms? It's more like putting deadbolt locks on the doors of a house located in neighborhood experiencing a rash of burglaries.

As it stands right now, Jeb has a sign on the lawn that reads, "Burglary is illegal here. Don't even try to break into this house with its flimsy, lockless doors."

Meanwhile, his friends in the ACLU are already studying how best to jimmy the doors open with a crowbar even as they join him in decrying the plan to purchase deadbolt locks.

11 posted on 09/22/2005 6:31:48 AM PDT by JCEccles
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To: RightDemocrat

Your title is not the same as the news article and it is mis-leading.


12 posted on 09/22/2005 6:34:19 AM PDT by SeaBiscuit (God Bless all who defend America and Friends, the rest can go to hell.)
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To: RightDemocrat; Admin Moderator

Title alert!! title alert!!


Here is the title on the webpage...




Same-sex marriage ballot issue challenged


http://www.jacksonville.com/tu-online/stories/092205/met_19835560.shtml


13 posted on 09/22/2005 6:35:36 AM PDT by MikefromOhio (Hey Fox News, MORE MOLLY, LESS Greta van Talksoutthesideofhermouth)
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To: Waryone

He's rather at odds with his brother on this issue.


14 posted on 09/22/2005 6:35:39 AM PDT by Andy'smom
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To: JCEccles

You're missing the point. If the organizers had not raised this issue, there would be no issue. Now that they've raised it though, we're going to have to do battle over it, and if we lose, then we've got gay marriage in our state.

Why open Pandora's Box?


15 posted on 09/22/2005 6:45:53 AM PDT by Brilliant
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To: Brilliant

You can't be serious in the things you've said here. The Left started this fight when they started running to the Courts to do their unpopular dirty work for them.

It doesn't matter if there is or is not a pending ACLU-driven lawsuit to impose gay marriage in Florida. You can be sure that one is on the way. The only way there will not be one is if the federal courts do it first.

Jeb Bush's position is inexplicable in light of the actions of the Mass Sup Court, and considering his state's well-earned reputation for leftwing activism.

So long as judicial supremacy persists, then the only way to stop courts are through amendments.


16 posted on 05/22/2006 4:25:21 PM PDT by Aetius
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To: RightDemocrat
"Gov. Jeb Bush said Wednesday he is still opposed to an amendment against same-sex marriage because the state's laws already prohibit the practice."

Translation: Governor Jeb Bush favors leaving the matter open for left-wing judges to determine.

17 posted on 05/22/2006 4:48:18 PM PDT by Reagan 76
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To: Reagan 76
Translation: Governor Jeb Bush favors leaving the matter open for left-wing judges to determine.

You turned out to be correct nine years later.

18 posted on 10/16/2015 5:13:47 PM PDT by MinorityRepublican (.)
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