Florida Amendment 2 (2008)

Florida Amendment 2 is an amendment made to the Constitution of Florida in 2008. It added Article I, Section 27 to the constitution, which defines marriage as a union only between one man and one woman, and thus bans the creation of similar unions, such as civil unions or same-sex marriage.

Since 2014, the measure has been litigated in court and has been struck down by multiple state courts so far in several counties of southern Florida.

Same-sex marriage became legal in Florida when the decision in Brenner v. Scott found the amendments banning same-sex marriage, including Amendment 2, to be unconstitutional.

Amendment 2 added Article I Section 27 of the Florida constitution. This states:

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 amendment was proposed by means of the initiative process, and went before the voters of Florida in a referendum held on November 4, 2008. Similar proposals were put to a vote at the same time in Arizona (Proposition 102) and California (Proposition 8).

Proposed constitutional amendments in Florida require 611,009 signatures, including at least 8% of voters in the last presidential election and at least 8% of voters in each congressional district of Florida. The initiative was certified with 649,346 signatures and was placed on the ballot on February 2008. 60% of voters were required to pass the amendment in Florida.

A Quinnipiac University Polling Institute poll on September 8, 2008 showed that 55% favored the proposed amendment, while 41% oppose it. "Florida and Arizona joined 27 other states that previously approved such amendments."

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