ACTION ALERT: Gubernatorial Candidate Crist Flip Flops and Flops on Support of Civil Unions
Provided by Equality Florida:
Excutive Director, Nadine Smith
******* Equality Florida Action Network, Inc *******
On the eve of the mid-term election, Charlie Crist's campaign has announced that he no longer supports civil unions. Crist's campaign now claims that their candidate was misunderstood and that he only supports private contracts, not government recognized legal protections such as civil unions and domestic partnerships.
"Crist has played word games for months to leave the impression that he is supportive without committing to any real protections for same-sex couples," said Nadine Smith, executive director for Equality Florida.
Equality Florida has frequently questioned the fact that Crist claimed to support the far-right's anti-marriage, anti-civil-union amendment but also has stated he "supports civil unions." Crist refused to answer Equality Florida's candidate questionnaire while Jim Davis took a position supporting civil unions and opposing the amendment.
Read the following Daily Business Review article for the full story. http://www.dailybusinessreview.com/news.html?news_id=40921
Commentary
"Crist's support for gay civil unions narrows"
November 06, 2006 By: Harris Meyer
After months of saying he supports civil unions between same-sex couples, Republican gubernatorial candidate Charlie Crist has significantly narrowed the definition of what he means.
Asked Thursday whether his support for civil unions is consistent with his backing for a proposed anti-gay marriage amendment to the Florida Constitution, a campaign spokeswoman said Crist opposes state-approved civil unions.
"Charlie Crist believes that private individuals may enter contractual relationships with each other; however, he does not support the state extending marital benefits to nontraditional couples," Crist spokeswoman Erin Isaac said in an e-mail to the Daily Business Review.
That's not what most gay rights supporters mean by civil unions.
Crist's statement surprised the head of the Orlando chapter of the Log Cabin Republicans, a gay Republican organization.
"Charlie Crist has adamantly said he supports civil unions," said Patrick Howell, an Orlando attorney who supports Crist. "He needs to put his money where his mouth is and get a constitutional amendment to create unions."
Josh Earnest, a spokesman for Democratic gubernatorial candidate Jim Davis, said Thursday's statement appears to be a shift for Crist. In contrast, he said, Davis "believes that consenting adults should have a state-sanctioned relationship that gives them the same rights and responsibilities that married couples enjoy on issues related to inheritance, hospital visitation and other financial transactions."
Crist's new statement on civil unions follows recent controversy over his reversals or contradictory comments on the Terri Schiavo case, felon voting rights, standardized school testing and other hot-button issues. These shifts have fueled criticism that Crist's positions are highly flexible. "This represents a change of thinking from prior quotes from Mr. Crist that specifically supported the Marriage Amendment," Howell said. "Vague language like this may allow for an 'out' later, and may represent a newfound understanding by Mr. Crist as to the extreme implications of the current version."
There's a growing movement across the country to have states and local governments recognize civil unions, which grant same-sex couples many of the same legal rights as married couples.
Advocates say legally recognized civil unions are needed to give gay couples equal rights and protection in the areas such as health care, property, taxes and parental rights. They say private contracts between gay partners are not enough. Vermont and Connecticut are the only states so far that have established full civil unions, while Massachusetts has recognized gay marriage.
But Christian conservatives, a key part of the Republican political base, vehemently oppose both civil unions and gay marriage.
'Not the same as marriage'
During the campaign, Crist, the Florida attorney general, consistently has spoken broadly but vaguely about supporting civil unions, which has won him praise as a political moderate.
At last Monday's gubernatorial debate in Tampa with Davis and Reform Party candidate Max Linn, Crist said Floridians "respect civil unions and I do as well. I think it's fine if people want to ... go into agreements to be able to have funeral arrangements made, things of that nature."
"Civil unions are not the same as marriage," Crist said.
"Marriage is a relationship like my mother and father had. Like I had before I got divorced."
Asked the same question, Davis, a Tampa-area congressman, said: "I believe that if a [same-sex] couple decides to make a lifetime commitment to one another, they should be able to have the same rights and responsibilities that my wife and I have."
He expressed opposition to gay marriage. Unlike Davis, however, Crist backs the so-called Florida Marriage Protection Amendment, which is expected to be on the statewide ballot in November 2008. Legal experts say the measure would restrict or prohibit civil unions. It states that "no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized."
Florida statutory law already prohibits recognition of same-sex marriage. Earlier this year, the American Civil Liberties Union and other pro-gay rights groups tried to keep the amendment off the ballot by arguing before the Florida Supreme Court that it violates the constitutional single-subject rule. They focused on the "substantial equivalent" language.
The ACLU and its allies contended that the amendment unlawfully would prohibit both gay marriage and alternative forms of legal recognition and protection for same-sex couples, such as civil unions. They argued that these are two separate issues.
But in March, the Supreme Court sided with arguments by Attorney General Crist's office and Maitland-based Liberty Counsel, ruling unanimously that the proposal met the single-subject test. "The plain language ... is clear that the legal union of a same-sex couple that is not the 'substantial equivalent' of marriage is not within the ambit of this constitutional provision," the court said.
Randall Marshall, legal director of the ACLU of Florida, said that sidesteps the question of how to define "substantial equivalent" - which he called "a subjective phrase with no clear meaning."
But Erik Stanley, chief lawyer for Liberty Counsel, a law firm devoted to socially conservative Republican goals, said the amendment language is very clear. In an interview, he argued that the measure plainly rules out civil unions. He said he hopes Crist doesn't really mean he favors civil unions, only narrower contract arrangements.
If the amendment is approved by Florida voters, Stanley said amendment supporters would sue to challenge any same-sex partnership arrangements that "look like substantial equivalents."
In 2000, his group sued unsuccessfully to end the University of Florida's domestic partnership policy for employees. Stanley said the courts have made clear that such policies are not substantial equivalents to marriage.
His group, he said, doesn't object to same-sex couples entering contractual relationships for purposes such as funeral arrangements, or putting each other in their wills. "The difference with granting civil union status," Stanley said, "is it will give the state's stamp of approval to a relationship that historically, for good reason, has been exclusive to the relationship between a man and a woman for life."
Take away minimal protections
But Marshall scoffed at the type of contractual arrangements Crist and Stanley are offering.
"Funeral benefits, that's not what people are looking for," Marshall said.
They're concerned that they can't make decisions for their partner for end-of-life care, payment of taxes, transfer of property and parental rights. "There are a wide range of disparities" between the rights of gay couples and married couples.
"There's no doubt in my mind that if the amendment passes, supporters will try to take away what minimal protections there are in various communities," he said. "They certainly will attempt to use it to prevent any type of legal recognition of same-sex couples."
Howell, of the Log Cabin Republicans, agreed. The Christian conservatives pushing the amendment "are awful, hateful people," he said.
"That's exactly what they have planned." Still, Howell - who participated in the Supreme Court arguments against the anti-gay marriage amendment - said he sees no hypocrisy in Crist's stated support for both civil unions and the amendment.
Crist, he insisted, is a true supporter of civil unions. But he thinks the attorney general simply doesn't understand the legal incompatibility of the two things. "When faced with that information," Howell said, "I think he would take the side of civil unions."
Harris Meyer can be reached at hmeyer@alm.com or at (305) 347-6617.
Excutive Director, Nadine Smith
******* Equality Florida Action Network, Inc *******
On the eve of the mid-term election, Charlie Crist's campaign has announced that he no longer supports civil unions. Crist's campaign now claims that their candidate was misunderstood and that he only supports private contracts, not government recognized legal protections such as civil unions and domestic partnerships.
"Crist has played word games for months to leave the impression that he is supportive without committing to any real protections for same-sex couples," said Nadine Smith, executive director for Equality Florida.
Equality Florida has frequently questioned the fact that Crist claimed to support the far-right's anti-marriage, anti-civil-union amendment but also has stated he "supports civil unions." Crist refused to answer Equality Florida's candidate questionnaire while Jim Davis took a position supporting civil unions and opposing the amendment.
Read the following Daily Business Review article for the full story. http://www.dailybusinessreview.com/news.html?news_id=40921
Commentary
"Crist's support for gay civil unions narrows"
November 06, 2006 By: Harris Meyer
After months of saying he supports civil unions between same-sex couples, Republican gubernatorial candidate Charlie Crist has significantly narrowed the definition of what he means.
Asked Thursday whether his support for civil unions is consistent with his backing for a proposed anti-gay marriage amendment to the Florida Constitution, a campaign spokeswoman said Crist opposes state-approved civil unions.
"Charlie Crist believes that private individuals may enter contractual relationships with each other; however, he does not support the state extending marital benefits to nontraditional couples," Crist spokeswoman Erin Isaac said in an e-mail to the Daily Business Review.
That's not what most gay rights supporters mean by civil unions.
Crist's statement surprised the head of the Orlando chapter of the Log Cabin Republicans, a gay Republican organization.
"Charlie Crist has adamantly said he supports civil unions," said Patrick Howell, an Orlando attorney who supports Crist. "He needs to put his money where his mouth is and get a constitutional amendment to create unions."
Josh Earnest, a spokesman for Democratic gubernatorial candidate Jim Davis, said Thursday's statement appears to be a shift for Crist. In contrast, he said, Davis "believes that consenting adults should have a state-sanctioned relationship that gives them the same rights and responsibilities that married couples enjoy on issues related to inheritance, hospital visitation and other financial transactions."
Crist's new statement on civil unions follows recent controversy over his reversals or contradictory comments on the Terri Schiavo case, felon voting rights, standardized school testing and other hot-button issues. These shifts have fueled criticism that Crist's positions are highly flexible. "This represents a change of thinking from prior quotes from Mr. Crist that specifically supported the Marriage Amendment," Howell said. "Vague language like this may allow for an 'out' later, and may represent a newfound understanding by Mr. Crist as to the extreme implications of the current version."
There's a growing movement across the country to have states and local governments recognize civil unions, which grant same-sex couples many of the same legal rights as married couples.
Advocates say legally recognized civil unions are needed to give gay couples equal rights and protection in the areas such as health care, property, taxes and parental rights. They say private contracts between gay partners are not enough. Vermont and Connecticut are the only states so far that have established full civil unions, while Massachusetts has recognized gay marriage.
But Christian conservatives, a key part of the Republican political base, vehemently oppose both civil unions and gay marriage.
'Not the same as marriage'
During the campaign, Crist, the Florida attorney general, consistently has spoken broadly but vaguely about supporting civil unions, which has won him praise as a political moderate.
At last Monday's gubernatorial debate in Tampa with Davis and Reform Party candidate Max Linn, Crist said Floridians "respect civil unions and I do as well. I think it's fine if people want to ... go into agreements to be able to have funeral arrangements made, things of that nature."
"Civil unions are not the same as marriage," Crist said.
"Marriage is a relationship like my mother and father had. Like I had before I got divorced."
Asked the same question, Davis, a Tampa-area congressman, said: "I believe that if a [same-sex] couple decides to make a lifetime commitment to one another, they should be able to have the same rights and responsibilities that my wife and I have."
He expressed opposition to gay marriage. Unlike Davis, however, Crist backs the so-called Florida Marriage Protection Amendment, which is expected to be on the statewide ballot in November 2008. Legal experts say the measure would restrict or prohibit civil unions. It states that "no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized."
Florida statutory law already prohibits recognition of same-sex marriage. Earlier this year, the American Civil Liberties Union and other pro-gay rights groups tried to keep the amendment off the ballot by arguing before the Florida Supreme Court that it violates the constitutional single-subject rule. They focused on the "substantial equivalent" language.
The ACLU and its allies contended that the amendment unlawfully would prohibit both gay marriage and alternative forms of legal recognition and protection for same-sex couples, such as civil unions. They argued that these are two separate issues.
But in March, the Supreme Court sided with arguments by Attorney General Crist's office and Maitland-based Liberty Counsel, ruling unanimously that the proposal met the single-subject test. "The plain language ... is clear that the legal union of a same-sex couple that is not the 'substantial equivalent' of marriage is not within the ambit of this constitutional provision," the court said.
Randall Marshall, legal director of the ACLU of Florida, said that sidesteps the question of how to define "substantial equivalent" - which he called "a subjective phrase with no clear meaning."
But Erik Stanley, chief lawyer for Liberty Counsel, a law firm devoted to socially conservative Republican goals, said the amendment language is very clear. In an interview, he argued that the measure plainly rules out civil unions. He said he hopes Crist doesn't really mean he favors civil unions, only narrower contract arrangements.
If the amendment is approved by Florida voters, Stanley said amendment supporters would sue to challenge any same-sex partnership arrangements that "look like substantial equivalents."
In 2000, his group sued unsuccessfully to end the University of Florida's domestic partnership policy for employees. Stanley said the courts have made clear that such policies are not substantial equivalents to marriage.
His group, he said, doesn't object to same-sex couples entering contractual relationships for purposes such as funeral arrangements, or putting each other in their wills. "The difference with granting civil union status," Stanley said, "is it will give the state's stamp of approval to a relationship that historically, for good reason, has been exclusive to the relationship between a man and a woman for life."
Take away minimal protections
But Marshall scoffed at the type of contractual arrangements Crist and Stanley are offering.
"Funeral benefits, that's not what people are looking for," Marshall said.
They're concerned that they can't make decisions for their partner for end-of-life care, payment of taxes, transfer of property and parental rights. "There are a wide range of disparities" between the rights of gay couples and married couples.
"There's no doubt in my mind that if the amendment passes, supporters will try to take away what minimal protections there are in various communities," he said. "They certainly will attempt to use it to prevent any type of legal recognition of same-sex couples."
Howell, of the Log Cabin Republicans, agreed. The Christian conservatives pushing the amendment "are awful, hateful people," he said.
"That's exactly what they have planned." Still, Howell - who participated in the Supreme Court arguments against the anti-gay marriage amendment - said he sees no hypocrisy in Crist's stated support for both civil unions and the amendment.
Crist, he insisted, is a true supporter of civil unions. But he thinks the attorney general simply doesn't understand the legal incompatibility of the two things. "When faced with that information," Howell said, "I think he would take the side of civil unions."
Harris Meyer can be reached at hmeyer@alm.com or at (305) 347-6617.
