Miami Herald

Despite progress, LGBTQ Americans need federal protection­s against discrimina­tion

- BY TODD AND JEFF DELMAY delmayandp­artners.com Todd and Jeff Delmay, of Hollywood, Florida, were plaintiffs in Florida’s Equality Florida and NCLR’s marriage case. They were one of the first same-sex couples to marry in Miami.

This January marks the sixth anniversar­y of one of the most memorable days of our lives — the month when marriage equality became legal in Florida. We’ve since been living the dream that we always wanted of building a family with our 10-year-old son, Blake. But fighting for our freedom to marry was only one part of what we need to accomplish. We’re now asking U.S. Sens. Marco Rubio and Rick Scott to do what is right and support federal nondiscrim­ination protection­s for LGBTQ Americans and families like ours, so that Blake can grow up in an America where everyone is protected.

In 2014, Judge Sarah Zabel (the judge in our case) and others ruled marriage discrimina­tion to be unconstitu­tional. But it was federal Judge Robert Hinkle’s order that struck down Florida’s statewide ban on marriage equality in a landmark ruling that took effect on January 6, 2015. It made Florida the 36th state to allow same-sex marriages. Our dream came true the day before when Zabel lifted her stay, and we became one of the first couples to marry in the state. She married us and another couple with the first-ever marriage licenses issued to same-sex couples by the Miami-Dade Clerk of Courts.

As we reflect on the past six years, we’ve come to appreciate all that we’ve been through as a married same-sex couple with a child. We’re deeply aware of how fortunate we are to live in a community that embraces us as a family.

But the truth is, there is no protection against LGBTQ discrimina­tion in Florida. We can’t tell you how many people in our lives believe that existing laws already protect LGBTQ people. The dream for our marriage to be recognized by the state is not the end, in itself. It is still just the beginning.

The American Dream that we believe in is a shared one. It’s not only about what we can achieve for ourselves — like getting married, getting an education or finding a job; it’s also about how we can all get by together as Americans. When some of us can be denied a loan, housing and medical service or be refused service at a store simply because of who we are or whom we love, it’s not only wrong, it also makes the American Dream an empty promise.

As Americans, we can and must do better.

That’s why we helped found the Hollywood LGBTQ+ Council, which brings together Hollywood residents to advocate for a more diverse and inclusive community.

Our work helped the city of Hollywood update its nondiscrim­ination policies, which led to improving the Municipal Equality Index score from 49 in 2018, to 83 in 2020, something that we’re incredibly proud of for our city. That means Hollywood is steps closer to leading as an example of an inclusive place for LGBTQ people to raise their families. We couldn’t have done this without the incredible support of local leaders and the wider Hollywood community.

The vast majority of Americans, and even the majority of Republican­s, support nondiscrim­ination protection­s for LGBTQ Americans. While only 21 states and more than 350 cities have, like Hollywood, passed LGBTQ nondiscrim­ination protection­s, this patchwork of protection­s is unsustaina­ble and leaves too many people and their children behind, Florida and across the country.

Our message is simple: Equality is not a partisan value, it’s an American value. We’re not asking for special protection, but for the same protection­s that every American citizen is entitled to under existing law.

The recent election was yet another sign that America is ready for federal nondiscrim­ination protection­s. We implore our senators to dig deep in their hearts and do what is right for their constituen­ts. Let’s ensure that kids like Blake grow up in a world where every American is protected. It’s time for Congress to act.

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