51 RESOLUTION NO.
2 A Resolution supporting marriage equality.
3 WHEREAS, the United States Supreme Court has ruled that marriage is one of the basic
4 civil rights of the American people, fundamental to our very existence and survival; and
5 WHEREAS, there are several decisions of United States Supreme Court that" ... make
6 clear that freedom of personal choice in matters of marriage and family life is one of the liberties
7 protected by the Due Process Clause of the Fourteenth Amendment. Loving v. Virginia, 388 U.S.
8 1, 12 [(1967)]; Griswold v. Connecticut, supra; Pierce v. Society of Sisters, [268 U.S. 510
9 (1925)]; Meyer v. Nebraska, [262 U.S. 390 (1923)]." Webster V Reproductive Health Services
10 Et AI., 109 S. Ct. 3040,492 U.S. 490, 564 (1989)
11 WHEREAS, marriages that are deemed legally valid by the federal and state
12 governments provide the married couple with more than numerous federal rights, privileges,
13 economic advantages and legal protections; and
14 WHEREAS, these rights include access to health care, inheritance of social security
15 benefits and eligibility for significant taxation advantages. Protections afforded to each spouse in
16 a legal marriage include protection of their parental relationship with their children, protection of
17 the inheritance rights of their spouse and children, ensuring hospital visitation rights and the
18 ability to make medical decisions for their spouse, and protection of property rights; and
19 WHEREAS, without being declared legally valid, the spouses of same-sex marriages
20 cannot receive these rights, privileges, advantages and protections; and
21 WHEREAS, denying access to marriage for loving, committed same-sex couples
22 discriminates against them and relegates them to second-class citizenship.
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24 WHEREAS, this denial of marriage equality hurts not only the families discriminated
25 against, but everyone who cares about the well-being of these couples and their children; and
26 WHEREAS, as a Municipal government, it is imperative that the City of South Miami,
27 protect the equal rights of all its residents without regard to their race, gender, religious belief and
28 sexual orientation; and
29 WHEREAS, the Town of Bay Harbor Islands has promulgated policies that treat persons
30 who are lesbian, gay, bisexual and trans gender ("LGBT") equally and provides for equal access to
31 employee benefits to such persons and their immediate family members; and
32 WHEREAS, recent national polls show that a majority of Americans now believe same-
33 sex marriage should be recognized by law as valid; and
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WHEREAS, Massachusetts, Connecticut, Iowa, Vermont, the District of Columbia, New
Hampshire, New York, Washington, Maryland and Maine have legalized marriage for same-sex
couples; and
WHEREAS, the Obama administration has announced that the US Justice Department
would no longer defend in federal court the 1996 federal law entitled the Defense of Marriage
Act ("DOMA") and its denial of federal recognition to married same-sex couples; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City of South Miami supports marriage equality for same-sex couples;
and
Section 2. The City Clerk is directed to cause of a copy of this resolution to be
forwarded to the Florida Legislature and Governor Rick Scott.
Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 4. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this __ day of ,2013.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
CITY ATTORNEY Commissioner Welsh: