Since 2004, when then-president George W. Bush called for a ban on same-sex marriage, what was once a wedge issue has evolved into a matter of basic rights.
As of press time, a U.S. Supreme Court decision that could strike down same-sex marriage bans across the country is pending.
LGBT advocates are hopeful, given that the court is split on the issue, with the swing vote likely to come from Justice Anthony Kennedy, who has voted in favor of LGBT rights in the past.
“Everyone is expecting the Supreme Court to do the right thing, to secure the freedom to marry nationwide,” said Nadine Smith, executive director of the LGBT rights advocacy nonprofit Equality Florida. “And we are prepared to celebrate.”
Smith said that “Decision Day” events are planned across the state at which supporters of same-sex marriage can, ideally, celebrate the opinion.
“And should it go the other way, should [the court] do the unthinkable, we’ll be disappointed but absolutely determined, more than ever,” she said. “It will simply mean that the path will be longer than it needed to be.”
Regardless of how the decision pans out, those who advocate on LGBT issues say marriage equality is just one of multiple fights for a population that has been treated unfairly — and in many ways persecuted — for generations.
“It’s not a relay race with a single baton,” Smith said. “It has been a war on many fronts for many, many years. And that war will continue.”
Clearly, recognizing the rights of same-sex couples would be a milestone, Smith said.
“Marriage has been critical. Marriage has been a place where many people, for the first time, came to understand the stark difference, what it meant, for our lives, to be treated as unequal under the law.”
But even if the marriage debate is settled, some individuals will still face the grim prospect of losing a job for being who they are.
“Marriage equality doesn’t help somebody who can’t get a job because they live in a community where they can be fired for no other reason than their sexual orientation or gender identity,” Smith said. “It will not help a 15-year-old homeless transgender teenager who is trying to find a safe place to sleep. It won’t help a gay senior who is experiencing housing discrimination when seeking a facility where he can get assistance… when his health requires additional assistance. So the work continues on all of those fronts.”
Some conservative politicians are already trying to weaken protections for people who don’t adhere to traditional gender roles. Just this past legislative session, State Rep. Frank Artiles, a South Florida Republican, filed a bill that would have required everyone to use public restrooms designated for their assigned sex at birth instead of the gender by which they identify — something that could have been humiliating and potentially harmful for transgender individuals. That bill ultimately died, but it could be revived next year.
Having marriage equality fresh in everyone’s minds could create a positive momentum for other LGBT rights issues.
“While we have the nation’s attention, we want to see more,” Smith said. “We can focus it on the various arenas where discrimination and violence continue to be a challenge. We’re still [experiencing] crimes disproportionately in the most violent categories.”
At the local level, that means persuading cities and counties to beef up their human rights ordinances (HRO) to include protections for the LGBT community.
Such protections explicitly bar discrimination against individuals based on their sexual orientation or gender identity, and provide recourse for anyone who believes he or she has been unfairly treated — for example, fired — on such grounds.
Hillsborough and Pinellas counties, as well as the cities of Tampa and St. Petersburg, have already added these protections, but more socially conservative counties and cities are resistant. The city of Jacksonville, for example, made national headlines when it rejected such protections in 2010.
The solution, says Smith?
Passing a bill that would apply everywhere in Florida.
“We have to make it clear that we will not simply let this issue be neglected and set aside, that we have an expectation that the Legislature will ensure that Floridians and visitors to our state are treated with equality under the law whether you’re visiting the Panhandle or Miami Beach.”
She said she is confident that, if such a bill were to be introduced, it would have a good chance of passing despite the likes of Artiles. The conservative leadership is the problem.
“We have the votes in Tallahassee to pass a statewide nondiscrimination law,” she said. “The question is, will leadership allow there to be a vote? People have to speak up.”
But while passing a bill inclusive of the LGBT community might not appeal to the conservative sensibilities of many Republican lawmakers in Tallahassee, perhaps the economic benefits of such a proposal would.
“We shouldn’t be sending the message to tourists, come to Florida, it’s a great place to visit,” said Smith, “but make sure you’re in one of the handful of counties that has legal protections for you and your family.”
This article appears in Jun 18-24, 2015.