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Legislation to protect pastors who refuse to marry same sex couples moved one step closer to a vote by the full Senate today at the State Capitol. As Mike Vasilinda tells us, both sides in the debate believe they are being targeted.

There’s no middle ground in the debate over Pastor Protection.

Sot: Michael Rajner is a Gay Rights Activist.  “Its the concerns over the hatred and the bigotry toward the gay community.”

But pastors say its not about hate. Its about avoiding law suits.

Pastor Abraham Rivera came from the La Puerta Life Center in Miami. “We’re pastors, we’re not politicians or lawyers, and we can not afford to fight legal fights just to be able to do what with do with our first amendment rights, so this reaffirms it.”

The so called pastor protection act would keep them for being sued if they refuse to marry someone. It also guarantees their tax exempt status won’t be taken away when they do. Pastor Gerald Bustin told the committee the bible is his everything.

“I anchor everything I preached everything I believe is that the bible is the word of god. I’m not hateful toward people, but I do live by the bible.” says Bustin.

Nadine Smith of Equality Florida says it is much to do about nothing. “The First amendment of the United States Constitution protects every clergy member from being compelled to marry anyone, for any reason.”

The legislation cleared the committee by a six to one vote.

The pastors we talked to made it clear: with or without this legislation, they’re still going to say no to same sex couples.

That’s because pastors like Jesse Sanders of Tallahassee say the decision on whom to marry isn’t in their hands.

“We stand on god’s word. Marriage is between a man and a woman.”

Q:So, you would refuse to marry a gay couple?”

A:”I would, I would.”

Q:”Are you afraid of being sued?”

A:”No sir.”

The Senate bill has one more committee stop. In at least one of the lawsuits, Idaho pastors were sued when they refused to make a marriage chapel available to a gay couple.

Florida is one of four states whose birth certificates don’t reflect the changes in modern parenting, But as Mike Vasilinda tells us, legislation trying to modernize the wording on Florida birth certificates is running into some opposition.

In Florida, by law, parents are still listed as Father and Mother on birth certificates. Lesbian couples who give birth must petition a judge if they want to be listed as the mother, the spouse or the parent.

Carlos Smith from Equality Florida says the legalization of same sex marriages means Florida birth certificates should reflect modern realities.

“Parental presumption is one of the many rights which is afforded to marriage, and so if a same sex couple is married, one of the rights that they have is the right to an accurate birth certificate so they can be treated in the exact same way as opposite sex couples.“

But Sponsor David Richardson (D-Miami) says Florida is one of four states in which the Department of Health doesn’t have the authority to list same sex couples as parents.

“We have always assumed we know who the mother is because the mother is the one bearing the child, But even that has changed given the advances in reproductive technologies.”

The legislation was approved ten nothing by a House Committee. Three members did not vote.

“Now I recognize that some of my colleagues on the other side of the aisle may not want to take a vote on this issue. But, they’ll let a judge do it perhaps, and then when the judges does it, they’ll cry there’re just being an activist judge and legislating from the bench” says Richardson.

Under the new legislation new parents have the right to designate what they want to be called. Their choices: mother, father, or parent.

The three other states that haven’t changed their birth certificate laws include Wisconsin, Indianan, and Arkansas.

Pastors and their churches could not be sued for refusing to perform same sex marriages under legislation that moved forward today in the State Capitol. As Mike Vasilinda tells us, opponents say it creates a smoke screen for bigotry.

Churches wouldn’t lose their tax exempt status and pastors couldn’t be sued for refusing to perform same sex marriages under the so called pastor protection act sponsored by  Rep. Scott Plakon (R-Altamonte Springs)

“This is a conscious protection bill” says Plakon.

The idea generated a firestorm of emotion as nearly 40 pastors of all stripes spoke out.

Including Pastor D. Donaldson of Miami “Family first starts with a man and a woman. I don’t see it any other way. I will not do it, and I will not let you handcuff me for something I’m doing right for god.”

Pastor Harold Thompson of the United Methodist Church of Miami took the other side.

“It’s divisive. It will rip apart how we understand our faith” Thompson told lawmakers.

Nearly all conceded they are already protected by the first amendment’s freedom of religion clause.

”I don’t need it and I don’t want it” said Pastor Claire Washington.

But the Christian Family coalition pointed to two lawsuits in other states  the embroiled small churches in litigation.  Anthony Verdugo is the organizations Executive Director.

“Yes, we have cases in the United States where ministers have been sued, that’s why we need it.”

Attempts to weaken the legislation were unsuccessful. Rep. Dave Kerner was blunt in his opposition.  “It’s offensive to me” said Kerner.

Even supporters like Rep. Matt Hudson (R-Naples) said they hoped the protections were never needed, but. “You never hope you’re going to need your air bag, right? But frankly, you’d like to have one just in case.”

Supporters called the positive vote a victory.

The legislation’s next stop, a vote by the full house.

A Senate companion still has two more hearings before it could come up for a vote.

In addition to the US Constitution, the Florida constitution protects the freedom of religion.

Since the legalization of gay marriage, Florida pastors and others have signed thousands of petitions seeking protection under the law from having to perform marriages with which they don’t agree. The legislation was scheduled for a vote today, but time ran out. Still sponsor Scott Plakon says the legislation is needed to protect clergy when they follow their conscience.

“This  is an extra layer of protection under Florida law, I guess you would call it to give pastors and other religious practitioners comfort that they can go about what they do without worrying about being persecuted for that, or even criminally charged, or civilly”says Plakon.

The legislation is expected to get a vote next week.

The Supreme Court ruling earlier this year legalizing gay marriage across the country has sparked potential new legislation in Florida. As Matt Galka tells us, some in Florida’s Capitol believe clergy need new protections to preserve their faith.

St. Petersburg pastor Paul Gibson doesn’t have same sex couples knocking down his door for him to marry them. But he’s not opposed to doing it.

“My policy would be that I would insist on premarital counseling with them, and after that I would make the decision on whether I thought they should be married, the same way I would with a mixed gender couple,” he said.

Men and women of faith were out in full force Wednesday turning a House committee into a divided religious debate.

State Representative Scott Plakon’s (R-Longwood) “Pastor Protection Act” aims to protect clergy from being forced to marry couples that infringe on their beliefs.

“As everyone knows there’s been numerous changes in the law and the culture,” he said to the committee.

Central Florida Reverend Chris Walker says pastors refusing same sex marriages could be targeted.

“They have their right to be married and that’s fine, they have their license to play house, but we’re going to preach the bible, and we’re not going to be held accountable for preaching the truth, because truth is now the new terrorism,” said Walker.

Opponents of the bill say men and women of the cloth are already protected.

“Pastors cannot be forced to marry people, they have a right to decide who they want to marry,” said Rep. Dwight Dudley (D-St. Petersburg).

Pastor Brant Copeland, who’s church is down the street from the Capitol, said the law isn’t needed and took it a step further.

“I urge you not to adopt this unnecessary and, I think, basically homophobic bill,” he said.

Similar legislation has already passed in Texas and Oklahoma.

Divorcing parents would be presumed to have a 50/50 split of child custody under the legislation, It also limits Alimony and child support payments, combined,  to no more than 55 percent of the payers income.

Two years ago, the bill made it here to the Governor’s Desk. He vetoed it because it allowed retroactivity.

Whether the legislation allows retroactivity was a major concern at the committee.

Sen. Anitere Flores (R-Miami) asked the question: “I want to make sure that there is nothing in this bill that makes it retroactive?”

Sponsor Kelli Stargel (R-Lakeland) assured her it was not retoractive.

“Yes there is nothing in this bill, Senator Soto asked the question. There is nothing in this bill that makes it retroactive.”

Tarie MacMillan was the only woman to speak for the legislation.

“I work every day and he does not. And he receives 65 percent of what I earn and I must live on the remaining 35 percent This goes on until he dies, or I die” the 64 year old woman told the committee.

Opponents, though, brought three women who say they are being harassed on social media for their opposition.

Cathy Jones of Lakeland told the committee the legislation is anti woman.

“There is no need for it. We have a mechanism for modifying alimony based on circumstances changing on either side. This is an unnecessary bill that’s punitive toward women.”

Under the bill, alimony would last for a minimum of 25 percent of the length of the marriage, but no more than 75 percent of the time in wedlock. The amount would be determined by a formula based on the couples incomes.

Lawmakers are looking to again pass alimony changes that would put an end to permanent payments. As Matt Galka tells us, opponents say it would seriously harm women.

When the honeymoon’s over, divorce is sometimes the next step for some Florida couples.  And while the state is currently married to the law that allows for permanent alimony, that relationship could be heading for a breakup soon.

Sponsor Rep. Colleen Burton (R-Lakeland) says the her bill is designed to reduce messy court fights.

“The overall of which is to reduce litigations that inflicts both economic and emotional toll on spouses and their families who are going through a divorce and seeking alimony

The bill would eliminate permanent alimony. Instead of lifelong payments, an ex spouse could be ordered to pay anywhere from 25 to 75 percent of the length of the marriage.

Florida Alimony Reform President Alan Frisher says payees are being extorted.

“The alimony payer often times is ordered to pay unaffordable amounts of alimony. It puts the alimony payer sometimes in bankruptcy, in contempt, and sometimes in jail. The alimony receiver on the other hand, the current law perpetuates an entitlement attitude,” said Frisher.

Women’s groups that were against the proposal said that if wedding bells turn into a divorce, what happens to the women who had to stay at home and not focus on their career?

“Their husbands wanted them to stay home, have children, raise the children while he’s out at work. He’s advancing in his career, she has no career,” said Barbara DeVane with the National Organization for Women.

The vote cleared the committee along party lines with Republicans supporting it.  The bill made it to the Governor’s desk in 2013 before he vetoed it.

The Governor said in 2013 that he vetoed the proposal because it would allow already settled divorces to retroactively eliminate permanent alimony. It was speculated that alimony reform didn’t do much in 2014 because it was an election year.

Whether you are for or against abortion, gay marriage, or voters rights, Mike Vasilinda tells us you should be concerned about Amendment three on this years ballot.

Whether or not  a fetus has rights will soon be a question before the courts. High profile decision like pulling the feeding tube from Terri Shiavo make news, but decisions made here affect your taxes, voting rights, even whether your insurance company has to pay you.

And who sits in judgement here, liberal or conservative, activist or not, depends on who is Governor.

Fast forward four years. Three judges leave the bench on the same day a new governor takes office in 2019.  But lawmakers want you to decide this year, via amendment three, who will appoint those judges. State Senator Tom Lee of Brandon sponsored the legislation and says  “This is a crisis in waiting”.

The amendment seeks to let the Governor elected next week make the appointments on his way out the door, instead of who’s  is elected in 2018. The idea rubs former Governor Bob Graham the wrong way. “Whoever gets elected in 2018 should be the person, with the immediate support of the people of Florida, to make that decision.”

And retired Justice Harry Lee Anstead is suspicious of the motives.  “That this is sort of a gamble that Governor Scott will get reelected, and then that he’ll get to make these three important appointments and then leave” says the retired Justice.

A conflict over who appoints has only happened once…in 1998 when Jeb Bush and Lawton Chiles decided not to fight…but to choose the same person.

Ironically one the the three justices leaving in 2019 is Peggy Quince…who was the joint choice of Governors Chiles and Bush.

Attorney General Pam Bondi s defending her decision to delay appeals in four cases where Florida judges have ruled the states ban on gay marriages unconstitutional. Bondi wants the US Supreme Court to decide the issue, but constitutional experts say the decision is for state courts to make.

A gay couple married in New York has filed for divorce in Florida. The couple isn’t comfortable telling you their story..but attorney Rob McNeely says the case is no different than any other failed marriage. “It didn’t work out. They have both dealt with it from the emotional level and they are ready to move on. Florida won’t let them move on” says McNeely.

Four Florida judges have ruled the state’s ban on same sex marriages unconstitutional…Attorney General Pam Bondi wants to delay appeals in state courts until there is a decision from the US Supreme Court.

“What do we have happening now?” asks Bondi. “We have someone getting married in one state and they can’t get divorced in another. So, the US Supreme Court. They need to decide this case.”

But the Tallahassee couple argues the ban violates equal protection and privacy clauses in the state constitution. Their attorney says Bondi’s effort to avoid a state appeal is causing more pain for the already disgruntled spouses. “They are caught in this legal purgatory where the only way they can get a divorce, according to Florida, is to go back to New York” says lawyer McNeely.

Constitutional experts say the Attorney General is wrong. They say state courts,  not federal courts, should be deciding state constitutional law. FSU Constitutional Law Professor Mark Seidenfeld says i“If it’s under a state constitution equal protection clause, then that would be a matter of state law.”

Even if some state bans on same sex marriages are upheld, legal scholars say Florida’s unique constitution can only be interpreted by the state’s highest court.

Attorney General Pam Bondi hasn’t expressed a personal opinion on gay marriage, but says she is sworn to uphold the will of the people. Attorneys General in other states have taken the opposite tact, refusing to defend gay marriage bans.

A half dozen couples who were married in other states, or who want to be married in Florida, are asking Attorney General Pam Bondi to drop her appeal of last weeks court ruling that found the state’s ban on gay marriage unconstitutional.

One week to the day since a judge ruled Florida’s ban on gay marriage was unconstitutional, A half dozen couples delivered seven thousand petitions to the Attorney General. They want her to drop her appeal of the decision.

“How many of you want to get married to each other?” we asked. Wo Wo, Everybody. Some of us are.” How many are people are legally married in other states?” as hands from most went up in the air. Nancy Brown says marriage in Florida would be special.

“We live here. We’ve been here our entire lives, we want to get married with our friends and family.”

Several of the couples have been married 30 years or longer. “And we’ve been together 40 years” responded one woman.

Still they want their union recognized by their home state. Sheila Ortiz Taylor says not being legally married is sending the wrong message to her kids and grandkids. “We want to be recognized as citizens of Florida.”

“It’s very simple. It’s not complicated at all” says partner Joy Lyn Lewis.

As the group posed for pictures, the language of the state Constitution over their shoulders guaranteed equal civil and political rights to all. Robin Gray says the words should have meaning.“Well, they shouldn’t be hollow words. Equal rights should be afforded to all people who choose to get married.”

The Attorney General has said in court filings that voters had the right to define marriage as between a man and a woman, and she says they have the right to change it in the future if they want.

And Chris and Sean Cooey believe that  change is inevitable. “And we shouldn’t have to be tied down by legal loopholes, or an appeal from the Attorney General for us to be able to start a family” says Sean of their five year partnership.

The Protection of Marriage Act was approved by 4.8 million voters in 2008.

Unless the Protection of Marriage Act in the Constitution is ruled unconstitutional under Federal law, changing it would require 60 percent of the electorate.

 

 

 

 

Alimony reform was one of the hottest topics of last year’s legislative session. Governor Rick Scott vetoed the bill sent to his desk but sponsors are ready to try again this spring.

Sometime after the wedding day toast, the glass becomes empty for half of all marriages. Legislation passed last year made sweeping changes to alimony, including ending permanent alimony. But The bill was vetoed because it would have allowed disgruntled spouses to change their existing settlements based on the new law.  Sponsor Rich Workman has a scaled back bill for this spring. ” Let’s make sure that if you lie about cohabitation, that you have to pay back the alimony that you received once you lied about living with your new spouse,” says Rep. Rich Workman, R-Brevard County.

National Organization for Women lobbyist Barbara DeVane worked night and day to successfully get last year’s bill vetoed. “Every case is different, it’s very personal, they’re very different and we shouldn’t just trade what he calls, cookie cutter approach for another bad cookie cutter approach,” says Barbara DeVane,        NOW Lobbyist.

But Workman says he’s paid attention to what the Governor said last year. “I still believe that we should be able to fix mistakes in the past. But that is not something that we will be able to pass again this year,” says Rep. Workman.

Even a scaled down version may be a tough sell.

What’s different in 2014 from last year is that this is election year and the last thing that Rick Scott needs is to make woman angry.

Rick Scott is in a fierce re-election battle. DeVane says Scott has made his position clear. “I understand that the Governor didn’t want any alimony bill on his desk this election year,” says DeVane.

The scaled down legislation is expected to be filed next week.

Following California and New Jersey – two Florida lawmakers have introduced legislation banning conversion therapy, which seeks to convert gay people to being straight, for people under 18. Conversion therapy says As Matt Horn reports –few psychologists perform the therapy already.

Across the country – fifteen states now recognize gay marriage. As the number grows, two states have also banned a controversial sexual orientation change therapy – known as conversion therapy. Many Mental health experts call the therapy harmful.

“But the diagnostic and statistical manual doesn’t call sexuality, who you have sex with or what your sexual interest are a disorder,” said Kurt LaRose, Mental Health Expert.

Florida may join the list of states banning the therapy designed to change homosexuals to heterosexual. Senator Jeff Clemens introduced a senate bill to ban the therapy for children younger than 18.

“Science tells and pretty much common sense tells us that the person’s sexual orientation is decided genetically,” said Sen. Clemens.

Mental Health Expert Kurt LaRose says the therapy can have negative affects on those seeking the treatment.

“The greatest risk is symptoms that look like a mood disorder, so depression,” said LaRose.

Supporting the therapy is South Florida marriage and family therapist Doctor Julie Hamilton. Hamilton has spoken publically on helping those who have unwanted homosexual attractions.

“A lot of people believe it’s biological, that people are born gay. But you know what, the research doesn’t show that at all,” said Hamilton on a YouTube video.

If the ban becomes law it would be illegal for parents to force their children to go through the therapy. “Parents who have very strongly held beliefs that their child shouldn’t be gay or lesbian have tried to put their kids through this,” said Sen. Clemens.

If passed into law a child would still be able to receive counseling helping them cope with their sexuality.

Because Florida defines marriage as a one man, one woman union; same-sex National Guard couples may have to go to federal military bases if they want to take advantage of a court ruling allowing them to receive benefits like other married couples. Florida is continuing to stall when asked if the state would honor the courts ruling.

Married same-sex couples may be denied benefits at Florida National Guard posts. That’s because the state is unsure on how to process benefit requests on state property after the Defense of Marriage Act was struck down earlier this year.

“It’s like anything else, if its civil rights the only way you get it is to keep banging on the wall and it eventually comes down,” said Ron Bunting.

Earlier this month federal military bases were required to allow married same-sex couples to register for benefits. At the beginning of September – the Florida National Guard sent a letter requesting the guidance of Attorney General Pam Bondi’s office on the subject. Her office’s response: a letter saying the state cannot provide a legal opinion because of insufficient information. The letter goes on to say the National Guard fails to indicate the course of action the department will take if a same-sex married couple applies for benefits.

Texas, Louisiana and Mississippi have similar same-sex marriage laws. Those three states have already refused to allow married same-sex couple to apply for benefits at National Guard posts.

LGBT advocates say they are hopeful the state will allow same-sex couple to get benefits at the National Guard posts.

“There’s court battles popping up all over the country, obviously,” said Jim VanRiper. “Fortunately 47 stats have said you know they’ll honor DOD’s decision to respect those couples in the military.”

For time being the Florida National Guard is advising same-sex couples to submit their benefit applications at federal facility’s managed by federal employees.

Neither Pam Bondi’s office or the Florida National Guard made itself available for an interview.

A one-of-a-kind marriage between two females have sparked controversy in Florida and in Texas. As Matt Horn reports this same-sex marriage couple used a Texas court ruling against itself to marry…making their situation a one of a kind in America.

This marriage has been one of the biggest blessings and biggest obstacles for Kim and Carolyn Van der Linde. That’s because Kim was born a male.

“I started out maybe feeling a little odd about it, because yeah it is a little big different. But, after a while, I just realized this is the one, so does it matter,” asked Carolyn van der Linde.

After dating for three years, the couple decided to take the next step and tie the knot. Although Florida laws ban same-sex marriage; the couple decided to challenge a similar Texas law.

“How you’re born is what you are, whether you’re transgender or not, it doesn’t matter; and that basically told me, we can get married there as a heterosexual couple,” said Dr. Kim van der Linde.

Kim who is a biologist at Florida State University was able to prove under Texas law that their marriage is in fact legal. That’s because she has male chromosomes while her wife has female chromosomes.

The couple found a judge to marry them as a heterosexual couple in San Antonio, Texas.

“We went in and she was like okay. It was very awkward because I was addressed as mister,” said Kim.

However, the Van der Linde’s marriage isn’t recognized in Florida, since the state considers them a same-sex couple; and not a heterosexual couple like Texas.

“Loopholes, contradictions and discrimination and that makes for bad policy,” said attorney Eliabeth Ricci.

Two weeks ago – Kim, who is from the Netherlands – finally received her green card allowing her to stay in Florida with Carolyn. Making this bi-national couple’s marriage one of the most unique in the country.

The 1999 Texas court case had nullified a marriage between a male and a transgender female saying the chromosomes a person is born with is the gender a person is, even after a sex change. Which made the marriage between the Van der Linde’s possible.

A small victory this week for gay and lesbian couples across Florida. After weeks of waiting in limbo, legislation creating a statewide domestic partnership registry passed its first committee stop. Senator Eleanor Sobel sponsored the bill.

“I think we made history. I’ve carried the domestic partnership bill for four years, this would have been my fifth year and we finally had a real life discussion on how important this bill is to the people of Florida.” Said Sobel.

The victory is likely to be short lived. It passed the committee five to four, but it may not be heard again this session. Many in the GOP controlled legislature believe the registry would pave the way to same sex marriage in Florida.