The U.S. Constitution instructs states to honor other states' public acts, such as marriages.
By STEPHEN NOHLGREN
Published February 19, 2004
The Florida Legislature took a firm stand on marriage seven years ago: one man, one woman, no exceptions. And if gay or lesbian couples wed in other states, Florida would refuse to honor their unions.
Now, rapidly unfolding events are putting that law to a test.
Massachusetts' highest court ruled this month that same-sex couples have an intrinsic right to marry. Hundreds of gays and lesbians are flocking to San Francisco, where the mayor is issuing marriage licenses. On Wednesday, President Bush said those developments "troubled" him.
"I have watched carefully what's happening," Bush said at a White House event. "I have consistently stated that I'll support law to protect marriage between a man and a woman. Obviously, these events are influencing my decision."
Florida could be affected because the U.S. Constitution instructs states to honor other states' public acts. Ultimately, it might not matter what marriage laws the Florida Legislature passes.
On a personal level, the consequences of same-sex marriage already are playing out in the state.
Tampa residents Carrie and Elisia Ross-Stone exchanged vows in September after Ontario legalized same-sex marriage. They want to see their hyphenated name on official documents.
The women could have paid $205 and petitioned the court for a name change, but that's not how heterosexual brides take their husbands' names. All they need is a marriage certificate.
Three weeks ago, the Ross-Stones individually took their Canadian marriage certificate to a Social Security office in Tampa and asked for new cards.
Carrie said clerks accepted the certificate even though it listed Elisia as the "groom."
"We're not asking for (spousal) benefits," Carrie said. Federal law bans that. "We're just asking to change a name. I'm a married person. I should be allowed to call myself that."
Cultural flash point
Florida allows teenagers as young as 16 to marry with a parent's consent. But a 14-year-old can travel to Texas, tie the knot and return to Florida a newlywed.
That's because states honor each other's marriage laws. With parental consent, Massachusetts follows common law - age 14 for boys and 12 for girls. In theory, Florida could stock middle schools with husbands and wives from Massachusetts.
Marriages between youngsters are rare. But a same-sex marriage is a cultural flash point.
"Fundamental principles are at stake," said Ken Connor, a lawyer who ran for governor in Florida in 1994 and more recently led the socially conservative Family Research Council. "When you are talking about (gender), you are talking about the foundational unit of society, the heterosexual marriage. It has enormous implications."
After the Massachusetts Supreme Judicial Court ruled for same-sex marriage in November, the Massachusetts Senate proposed an alternative: civil unions with all of the rights of marriage, just not the "M" word.
That's not good enough, the court majority reiterated this month. It said semantic differences are discriminatory. "The history of our nation has demonstrated that separate is seldom, if ever, equal," the opinion said.
Weddings in Massachusetts are expected to begin May 17.
Florida and the 37 other states that have banned same-sex marriage are affected because of the Constitution's "full faith and credit" clause, written when a young nation was figuring out how former colonies should relate to one another. The clause instructs states to honor each other's public acts.
"Sometime after May 17 - maybe a month or two, maybe six months, maybe eight months, there will be a lawsuit filed to strike down Florida law by a couple with a Massachusetts license," said Matt Daniels, whose Alliance for Marriage spearheads a movement to amend the U.S. Constitution to ban same-sex marriage.
Advocates of gay and lesbian marriage "are playing the ultimate card of invoking the Constitution," Daniels said. "So we must play the ultimate political card of amending the Constitution."
The issue of same-sex marriage might help shape the 2004 presidential campaign, regardless of whether the candidates want to meet it head-on. During a meeting with the Tunisian president Wednesday, President Bush declined to say whether he would support a constitutional amendment, but he made his position clear.
First lady Laura Bush said in an interview with the Associated Press that gay marriage is "a very, very shocking issue" for most Americans, though she declined to say how she felt personally.
This month's developments sharpen the same-sex marriage debate in ways that changes in other jurisdictions have not.
The United States recognizes Canadian marriages by treaty, not constitutional mandate. Vermont has licensed more than 6,700 same-sex civil unions since 2000, more than 5,700 involving out-of-state residents. But beyond Vermont's borders, it is legally hard to define those relationships.
In 2002, Tallahassee resident Robert Hall lost a dispute with his ex-wife involving who could sleep over when his two daughters were home. The divorce agreement restricted overnight guests to close family members, and his ex-wife had a new husband who met that definition.
Hall had a Vermont civil union with Michael Moody, whom Hall's daughters called their stepfather. The girls were listed on Moody's health insurance. But Circuit Judge William Wright ruled that Moody was not a "close family member." When the girls slept overnight, Moody had to leave.
Legal uncertainty
Hotel bookings for late May are soaring in Provincetown, Mass., a popular gay and lesbian vacation spot. But Florida couples won't stream north the minute marriage licenses become available, says Brian Winfield, spokesman for Equality Florida.
"Folks have been together for 20 or 30 years, and now suddenly you are going to redefine your relationship? Some people say, "Who needs it?"' he said. "It takes a lot of soul-searching."
Legal uncertainty is another drawback. The Massachusetts Legislature is considering a constitutional amendment to ban same-sex marriages. Though it couldn't take effect until 2006, some observers theorize that if it passes, the state's highest court might suspend same-sex weddings.
"Most people who get married take a year to plan it," Winfield said. "You want to get family and friends there, so, as of today, people don't even know if we will be able to get married in Massachusetts come May. Can you really start making plans and booking caterers?"
St. Petersburg residents Gary Sanford, 47, and Stewart Larson, 37, moved quickly when given the chance. They were vacationing in Vancouver last year when British Columbia legalized same-sex marriages. Renting tuxedos, they became husband and husband 15 years after their first date.
"It felt validating, like we were not looked down upon, but more embraced or seen as part of the larger community," said Sanford.
One concrete benefit was Larson's group health plan at Raymond James. When the Legislature debated Florida's same-sex marriage ban in 1997, opponents warned it could undermine private employee benefits. Not so. Raymond James recognizes official civil unions or marriages. Sanford now belongs to the health plan.
Things went less smoothly for Largo resident Michael Schuler, 38, who married Frank Mavro, 36, in Ontario. On Friday, Schuler tried to change his name to Mavro on his driver's license.
"I wanted to do it for Valentine's Day," Schuler says. "I went to the state Web site, and it said you need an original marriage certificate or certified copy, to come in with your license, pay fees of $10, and they would change my name."
After an hour-and-a-half wait and a protracted discussion among clerks and supervisors, Schuler and Mavro were told to leave. The Department of Highway Safety and Motor Vehicles issued a statewide memo Monday, telling driver's license clerks that same-sex marriage certificates cannot be used for name changes.
In Gulfport, residents Edith Daly, 67, and Jackie Mirkin, 73, bought a house together and named each other on financial and health care documents well before they exchanged vows in Vermont. Longtime activists, they viewed their civil union primarily as a political statement. But back home, they encountered unexpected psychological shifts.
"There's something about making this public statement that intensifies it for me," Mirkin said.
Daly says her children had accepted her sexual orientation, "but when we had the civil union, this official thing, they started being very different with me and Jackie. It was like, okay, this is for real.
"A friend called (her grand-daughter) to play, and she said, "I can't come now because my two grandmothers are here. They are married.' It's that sense of, "Now I have three grandmothers."'
One conundrum is filling out forms that ask for marital status. If being married confers financial benefit, checking that box in Florida could lead to fraud charges.
Daly says she often creates her own box, explaining her status. Sometimes, she lists Mirkin as her spouse, followed by "life partner" in parentheses.
Schuler says he explained his status when applying for financial aid at St. Petersburg College and was told to put down "married" and to list Mavro's income.
Then the clerk "went away with the form and came back and said, no, just put my information down there."
"We don't want to lie," Schuler says. "But you can't get a straight answer."
