The purpose of this policy brief is to recommend to the State of Florida a policy that will legalize same-sex marriage and acknowledge same-sex marriages recognized by laws in other states.
This policy is necessary because current laws in Florida that restrict marriage to different-sex couples violate the US Constitution’s commitment to equal protection under the law and because the Due Process Clause protects individuals freedoms of personal choices, which includes their choice to marry and have a family. The benefits of this proposal far outweigh the disadvantages, and ensure equal rights of all citizens.
I propose an amendment to the current Florida statutes and laws regarding the definition of marriage to include same-sex individuals…show more content…
Section 2 of DOMA declares that “No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.”
Section 3 of DOMA prevented the federal government from recognizing any marriages between same-sex couples for federal laws or programs, regardless of being legally married in their own state.
However, in 2010, the Supreme Court declared Section 3 of DOMA unconstitutional, forcing the federal government to recognize legal marriages of same-sex couples. This enabled committed same-sex couples that are legally married in their own states to receive federal protections.
Same-sex couples should have access to the same marriage benefits as heterosexual couples. Prohibiting same-sex marriage is unconstitutional discrimination.
Same-sex marriage is protected by the Constitution. In 1974, The US Supreme Court ruled that: “freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause.”
This prohibition of same sex marriage further