In re Advisory Opinion to the Attorney General

632 So.2d 1018 (1994)

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In re Advisory Opinion to the Attorney General

Florida Supreme Court
632 So.2d 1018 (1994)

  • Written by Heather Whittemore, JD

Facts

The attorney general of Florida (plaintiff) petitioned the state supreme court for an advisory opinion on the validity of an initiative petition to amend article I, § 10 of the Florida Constitution. The amendment would add a new subsection to the constitution barring any state or local laws that would expand the protected categories under antidiscrimination laws beyond race, color, religion, sex, national origin, age, handicap, ethnic background, marital status, or familial status. The amendment would also define the protected category of sex to mean “the biological state of either being a male or female person”; define categories of protected marital status as a married couple of the opposite sex, separated, divorced, widowed, or single; and define protected familial status as a person living with a minor who is the parent, person with legal custody, or person with written permission to live with the minor from the parent or person with legal custody. Article XI, § 3 of the constitution required any proposed constitutional amendment to cover only one subject. The attorney general believed that the amendment satisfied the single-subject requirement, arguing that the single subject was discrimination.

Rule of Law

Issue

Holding and Reasoning (McDonald, J.)

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