Florida marriage ban ruled unconstitutional

Timothy Kincaid

July 17th, 2014

lmgarcia
In the first of a pair of marriage lawsuits, Huntsman v. Heavilin, a Florida county court has found that the ban on same-sex marriage violates the US Constitution. The ruling applies only to Monroe County. (Miami Herald)

Monroe County Circuit Judge Luis Garcia overturned Florida’s 2008 constitutional gay-marriage ban on Thursday, and ordered that two Key West bartenders be allowed to wed but not before Tuesday.

Aaron Huntsman and William Lee Jones, who met at a gay pride celebration and have been a couple for 11 years, sued Monroe County Clerk Amy Heavilin in April for a marriage license. Their case mirrors a similar suit in Miami-Dade County, in which six same-sex couples and LGBT advocacy group Equality Florida Institute sued County Clerk Harvey Ruvin for the right to marry.

Judge Garcia found the law in violation of both the Due Process and the Equal Protections provisions of the US Constitution. Additionally, noting that “Where a court suspects animus towards a disadvantaged group a more meaningful level of review is warranted”, Garcia illustrated the animus present in this case.

Fascinatingly, the judge turned to the amicus briefs provided by those opposing equality, specifically to Dr. Judith Reisman, to illustrate their own animus. (Ruling)

The court finds that despite the Amici Curiae assertion that there is no evidence of animus towards homosexuals by the proponents of the Florida Marriage Protection Amendment (FMPA), there is ample evidence not only historically but within the very memorandum of law filed by the Amici Curiae. For example, the affidavits of Dr. Reisman, filed by the Amici Curiae, for the proposition that, “a law encouraging homosexual behaviors appears to increase HIV risk and negative health outcomes and thus creates a danger both to the individual engaging in these behaviors as well as society as a whole.” The Amici Curiae also claims that homosexuality is not the result of biology, genetics or nature, but that in fact it is a choice that is naturally subject to change and within the control of the individual. (See page 20-21 of Amici Curiae memorandum.) The Amici Curiae’s memorandum paints a picture of homosexuals as HIV infected, alcohol and drug abusers, who are promiscuous and psychologically damaged and incapable of long term relationships or of raising children. (Pages 29-39). They contend, “the personal, social and financial costs of these homosexual-specific health problems concern not just those who engage in homosexual activity, but also the larger community of citizens who help provide services and who must bear part of the burden imposed by the health challenges. It is eminently rational for the voters of Florida to seek to minimize the deleterious effect of these conditions on public health, safety and welfare by affirming that marriage in Florida remains the union of one man and one woman.” (Page 39). The court finds that animus has been established by the plaintiffs and that the heightened rational basis test is appropriate.

Also, following an amusing trend, Garcia quoted Scalia on the matter.

Justice Scalia in his dissent in Lawrence v. Texas stated, “Preserving the traditional institution of marriage … is just a kinder way of describing the State’s moral disapproval of same-sex couples,” which is obviously not a legitimate purpose for the unequal treatment.

One of the more interesting side observations in this case is that while Florida Attorney General Pam Bondi expressed her intent to defend the law – and received considerable criticism for doing so – her defense has been so minimal as to infuriate the supporters of inequality.

After the hearing, [Liberty Counsel’s Matt] Staver seemed outraged that Tanenbaum spoke for about five minutes at each of the South Florida hearings, and never actually argued in favor of the gay marriage ban.

Staver said [Florida Assistant Attorney General Adam] Tanenbaum’s boss, Florida Attorney General Pam Bondi, “is giving only window dressing to the Florida Marriage Amendment.”

It appears that the State’s sole argument was that states have the right to set marriage law for themselves.

Judge Garcia was appointed in 2000 by former Governor Jeb Bush.

Bose in St. Peter MN

July 17th, 2014

Yeah, the animus piece of this one gave me a chuckle… how to kill your own case in one easy step — proving your opponents’ point!

Ben in Oakland

July 17th, 2014

And thank you Judge Garcia. not for the ruling, but for pointing out the animus inherent in their asshole brief. By that kind of logic, lesbians are god’s chosen people. And since heterosexuals with health issues are allowed to get married, what does the issue have to do with marriage?

Neil

July 18th, 2014

The case put by Dr. Reisman, that gay male sexual activity needs to be regulated, is one that favours same-sex marriage. If marriage is an important institution that regulates the stability of family relationships, as she appears to be arguing, then her objections to the deleterious consequences that she asserts arise from gay male sexuality would be beter served if marriage was encouraged among us.

Reisman seems to be labouring under the delusion that state disapproval through discrimination will somehow turn the culture backwards toward gay male closeted celibacy or false heterosexuality. Closeting and shaming will only make attempts to detect and treat HIV more difficult, the opposite of the outcome she claims to support.

It’s horrifying to think that this may be something Riesman understands all to well and seeks to promote circumstances that would result in the greater spread of HIV to weed out the “immoral” element.

And as Ben observes, it’s only ever the men marriage “traditionalists” really object to. I’m quite sure that’s because they consider women’s sexual preferences a matter of complete indifference, the only respect in which their feelings accord with actual marriage tradition.

Hunter

July 18th, 2014

One of the most satisfying things about these cases is the way that the anti-marriage side’s “experts” are being shot down, and with pretty strong language — first Regnerus, now Reisman.

That’s almost as good as Elaine Donnelley being laughed at in a Congressional committee hearing on DADT.

bjohnm

July 18th, 2014

This is the craziness that is this Dr. Reisman:

Dr. Reisman successfully spent much of her career laying the foundations for deconstructing both ‘soft pornography’ and ‘Kinsey myths’. Her work, uncovering and documenting systemic perversion by well-funded efforts in academia, politics, business and media, sheds light on what spawned the ‘sexual from birth’ dogma and helped to launch the global pollution of classrooms and institutions, our print and broadcast media and, indeed, the internet.

This is from her website (http://drjudithreisman.org/) The crazy runs deep in this one.

Leave A Comment

All comments reflect the opinions of commenters only. They are not necessarily those of anyone associated with Box Turtle Bulletin. Comments are subject to our Comments Policy.

(Required)
(Required, never shared)

PLEASE NOTE: All comments are subject to our Comments Policy.

 

Latest Posts

The Things You Learn from the Internet

"The Intel On This Wasn't 100 Percent"

From Fake News To Real Bullets: This Is The New Normal

NC Gov McCrory Throws In The Towel

Colorado Store Manager Verbally Attacks "Faggot That Voted For Hillary" In Front of 4-Year-Old Son

Associated Press Updates "Alt-Right" Usage Guide

A Challenge for Blue Bubble Democrats

Baptist Churches in Dallas, Austin Expelled Over LGBT-Affirming Stance

Featured Reports

What Are Little Boys Made Of?

In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.

Slouching Towards Kampala: Uganda’s Deadly Embrace of Hate

When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.

Paul Cameron’s World

In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.

From the Inside: Focus on the Family’s “Love Won Out”

On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.

Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"

The Heterosexual Agenda: Exposing The Myths

At last, the truth can now be told.

Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!

And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.

Testing The Premise: Are Gays A Threat To Our Children?

Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.

Straight From The Source: What the “Dutch Study” Really Says About Gay Couples

Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.

The FRC’s Briefs Are Showing

Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.

Daniel Fetty Doesn’t Count

Daniel FettyThe FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.