The ballot language says, "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."
Two existing Florida statutes prohibit same-sex marriage:
Florida Statute 741.212(1) defines marriage as the legal union between one man and one woman and provides that the term "spouse" applies only to a member of such union (FL. Stat. 741.212(1),(3)).
Florida also adopted a Defense of Marriage Act (DOMA) in 1997 which was codified as Florida Statute 741.212.
The amendment as written includes a clause prohibiting judges from overturning the law. This is a response to what happened in Massachusetts, where a judge overturned that state's law banning same-sex marriage.[1]
Arguments in Support
In general, Florida's religious community is strongly in favor of the measure.
Supporters say the amendment would protect children by ensuring that only the form of marriage between a man and a woman would ever be celebrated in Florida.
The Florida statute that already provides for a single form of marriage could be overturned by a court on constitutional grounds.
The main argument supporters of the proposition are making is that if the amendment fails, school children could be indoctrinated in the gay lifestyle.
Arguments in opposition
The petition as acting as bait for the Presidential election in order to draw out conservative voters; there is already enough legislation in place currently.
Health care and pension benefit plans which cover unmarried couples, even heterosexual older couples, living together and which are now legally valid may be adversely affected.
Article I of the Florida Constitution, known as the Declaration of Rights, establishes rights, but this amendment would instead limit the right to marry.
There are already other Florida Laws that expressly prohibit homosexual unions, so this amendments purpose is much larger than that and if passed will be used to restrict all relationships that are not a legal marriage under Florida's Statutes.
Opponents say that elderly people in the state who, after being widowed, have subsequently chosen a domestic partnership in order to retain certain benefits, will be adversely impacted by the measure.