When Damian Gonzalez woke up to the news Friday that the Supreme Court had struck down bans on same-sex marriage, his first reaction was to call his aunt.
“My aunt, who is gay herself, never thought she would see it (happen) in her lifetime,” the 20-year-old political science and journalism senior said.
The phone conversation was a special moment for both of them, he said, but the surprise ruling marks more of the beginning of a movement rather than the end.
The LGBTQ+ community still faces more issues like homelessness and higher suicide rates, said Gonzalez, the co-president of Pride Student Union. “It’s kind of a realization that we still have a lot more to do.”
Danaya Wright, a UF law professor who teaches constitutional law, said the Supreme Court could have chosen two paths to justify the decision under the Constitution.
The first option was to give those wanting to participate in same-sex marriage equal protection under the law, but the court instead decided to justify the decision by holding marriage as a fundamental right.
“The court slightly opened the door for (equal protection), but did not go down that path,” Wright said.
The next step is creating nondiscrimination laws in housing, education and employment, she said.
“Marriage is one of those issues that’s one of the easier goals that could be achieved — it’s something that’s happy and shareable,” said Gabriella Larios, a 20-year-old women’s studies junior.
Larios said she didn’t expect the ruling would come so quickly.
“It wasn’t even an issue that was in the public conscience in the past five years,” said Larios, who considers herself a member of the LGBTQ+ community. “Now it’s going to be the end of politicizing same-sex marriage. There’s going to be a new issue for politicians.”
For the Florida Legislature, the ruling has brought up a swarm of issues it must now address.
Laws not recognizing same-sex marriage were declared void ab initio, or never valid law, by the Supreme Court, said Lee-Ford Tritt, director of UF Law’s Center for Estate Planning.
“This leaves Florida in a crazy situation,” he said, as the Florida Legislature must now decide how to look at these marriages, especially in areas of taxes and estates.
They must decide whether marriage benefits will take effect in a retrospective manner, accounting for all couples that were denied marriage rights in the past, or whether it takes effect proactively, by choosing a specific date the benefits can start to apply.
“Regardless of the decision,” Tritt said, “we’re moving forward.”
[A version of this story ran on page 1 on 6/29/15]
