Advisory Opinion Re Marriage Protection

926 So. 2d 1229, 2006 WL 721779
CourtSupreme Court of Florida
DecidedMarch 23, 2006
DocketSC05-1563, SC05-1831
StatusPublished
Cited by20 cases

This text of 926 So. 2d 1229 (Advisory Opinion Re Marriage Protection) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Advisory Opinion Re Marriage Protection, 926 So. 2d 1229, 2006 WL 721779 (Fla. 2006).

Opinion

926 So.2d 1229 (2006)

ADVISORY OPINION TO THE ATTORNEY GENERAL RE FLORIDA MARRIAGE PROTECTION AMENDMENT.

Nos. SC05-1563, SC05-1831.

Supreme Court of Florida.

March 23, 2006.

*1232 Charles J. Crist, Jr., Attorney General, Tallahassee, FL, for Petitioner.

Mathew D. Staver and Anita L. Staver of Liberty Counsel, Maitland, FL, Erik W. Stanley, Rena M. Lindevaldsen and Mary E. McAlister of Liberty Counsel, Lynchburg, VA, for Florida4Marriage.org, Sponsors.

Leslie Cooper, New York, NY, Randall C. Marshall, Miami, FL, Rebecca Harrison Steele, Tampa, FL, and Karen Marie Doering, St. Petersburg, FL, on behalf of Richard Nolan and Robert Pingpank, Robert Sullivan and Jon Durre, Dee Graham and Signa Quandt, Richard Rogers and Bill Mullins, Teresa Ardines and Melissa Bruck, Juan Talavera and Jeffrey Ronci, American Federation of State, County and Municipal Employees—AFL-CIO, the ACLU of Florida, and Equality Florida, for Opponents.

LEWIS, J.

The Attorney General has requested that we review the text of a proposed amendment to the Florida Constitution to determine compliance with article XI, section 3 of the Florida Constitution, and to consider whether the proposed ballot title and summary are within the requirements of section 101.161 of the Florida Statutes (2005). In addition, the Attorney General has requested that we review the corresponding Financial Impact Statement to evaluate compliance with section 100.371 of the Florida Statutes (2005). We have jurisdiction. See art. IV, § 10, art. V, § 3(b)(10), Fla. Const.

THE PROPOSED AMENDMENT AND BALLOT SUMMARY

Florida4Marriage.org, a Florida volunteer organization, has invoked the citizen initiative process of article XI, section 3 of the Florida Constitution in proposing a constitutional amendment directed to defining marriage as the union of one man and one woman while prohibiting any other legal union that is treated as marriage, or the substantial equivalent thereof, from being valid or recognized in Florida. The full text of the proposed amendment states:

BE IT ENACTED BY THE PEOPLE OF FLORIDA THAT:
A new section for Article I is hereby created to add the following: 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.

The ballot title for the proposed initiative is:

Florida Marriage Protection Amendment.

The proposed summary to be placed on the ballot for this amendment reads:

This amendment protects marriage as the legal union of only one man and one woman as husband and wife and provides that no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.

*1233 The sponsor of the amendment, Florida4Marriage.org, has submitted a brief in support of the proposed amendment. The ACLU Foundation and the ACLU Foundation of Florida have each submitted briefs in opposition. Two very limited issues are now before this Court for consideration.

STANDARD OF REVIEW

In our decision in Advisory Opinion to the Attorney General re Amendment to Bar Government from Treating People Differently Based on Race in Public Education, 778 So.2d 888 (Fla.2000), we reiterated the standard of review applicable to initiative petition cases:

The Court's inquiry, when determining the validity of initiative petitions, is limited to two legal issues: whether the petition satisfies the single-subject requirement of article XI, section 3, Florida Constitution, and whether the ballot titles and summaries are printed in clear and unambiguous language pursuant to section 101.161, Florida Statutes (1999).

Treating People Differently Based on Race in Public Educ., 778 So.2d at 890. When addressing these two limited issues, our inquiry is governed by several general principles. First, we will not address the merits or wisdom of the proposed amendment. Id. at 891. Second, we have recognized that we "must act with extreme care, caution, and restraint before [we] remove[] a constitutional amendment from the vote of the people." Askew v. Firestone, 421 So.2d 151, 156 (Fla.1982). In elaborating on this latter principle, we have noted that "the Court has no authority to inject itself in the process, unless the laws governing the process have been `clearly and conclusively' violated." Advisory Opinion to the Attorney Gen. re Right to Treatment & Rehab. for Non-Violent Drug Offenses, 818 So.2d 491, 498-99 (Fla.2002). It is within the framework of these fundamental principles that we review this proposed amendment and ballot language.

SINGLE SUBJECT REQUIREMENT

Article XI, section 3 of the Florida Constitution provides in pertinent part:

The power to propose the revision or amendment of any portion or portions of this constitution by initiative is reserved to the people, provided that, any such revision or amendment, except for those limiting the power of government to raise revenue, shall embrace but one subject and matter directly connected therewith.

Art. XI, § 3, Fla. Const. (emphasis supplied). This constitutional limitation exists, at least in part, because the citizen initiative process does not afford the same opportunity for hearing and public debate that may accompany the other forms of constitutional proposal and drafting processes (i.e., proposal by the Legislature, a constitutional revision commission, and a constitutional convention). See Advisory Opinion to the Attorney Gen. re Fish & Wildlife Conservation Comm'n, 705 So.2d 1351, 1353 (Fla.1998). A proposed amendment must manifest "a logical and natural oneness of purpose" to accomplish the purpose of article XI, section 3. Fine v. Firestone, 448 So.2d 984, 990 (Fla.1984). We have held that this single subject limitation serves two distinct purposes: "(1) it prevents `logrolling,' a practice that combines separate issues into a single proposal to secure passage of an unpopular issue; and (2) it `prevent[s] a single constitutional amendment from substantially altering or performing the functions of multiple aspects of government.'" Advisory Opinion to the Attorney Gen. re the Med. Liab. Claimant's Comp. Amendment, 880 So.2d 675, 677 (Fla.2004) (quoting Advisory Opinion to the Attorney Gen. re Fla. *1234 Transp. Initiative for Statewide High Speed Monorail, Fixed Guideway or Magnetic Levitation Sys., 769 So.2d 367, 369 (Fla.2000)).

Logrolling

In addressing the "logrolling" aspect of the single-subject rule we have stated that "[a] proposed amendment meets this test when it `may be logically viewed as having a natural relation and connection as component parts or aspects of a single dominant plan or scheme. Unity of object and plan is the universal test.'" Advisory Opinion to the Attorney Gen. re Additional Homestead Tax Exemption, 880 So.2d 646, 649 (Fla.2004) (quoting City of Coral Gables v. Gray, 154 Fla. 881, 19 So.2d 318, 320 (1944)). The opponents here contend that the proposed amendment presents a classic example of the prohibited practice of logrolling because this proposal combines separate subjects in a single amendment.

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926 So. 2d 1229, 2006 WL 721779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/advisory-opinion-re-marriage-protection-fla-2006.