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Nov 25 2008

Gay Adoption Ban Ruled Unconstitutional in Florida

Published by politicalanimal at 10:21 pm under News Edit This

According to The New York Times, a 31-year-old Florida law that prohibits homosexual couples from adopting children was ruled unconstitutional today by a judge in Miami-Dade Circuit Court.

“The best interests of children are not preserved by prohibiting homosexual adoption,” Cindy S. Lederman, the judge who issued the ruling, said in a 53-page decision. In her opinion, “the law violated equal protection rights for children and their prospective parents.”

The Florida state Attorney General’s office says that it will appeal the ruling. The State Supreme Court is expected to hear the case sometime in the future.

“Florida is the only state with a law prohibiting gay men and lesbians — couples and individuals — from adopting children,” writes Yalonne Almanzar of the New York Times. “The Legislature voted to prohibit adoptions by gay men and lesbians in 1977, in the midst of a campaign led by the entertainer Anita Bryant to repeal a gay rights ordinance adopted byDade County.”

Other states such as Mississippi and Utah have found ways to bar gay couples from adopting through laws that ban adoption by couples who are not married. Voters in Arkansas approved a similar law earlier this month.

Three years ago, the United States Supreme Court refused to hear any legal challenges to the law.

Frank Martin Gill, a middle-aged gay man from North Miami, plans to take advantage of the ruling and adopt two foster children whom he has been bringing up for the past four years.

“Our family just got a lot more to be thankful for this Thanksgiving,” Mr. Gill said in a news release put out by representatives of the American Civil Liberties Union.

Source: The New York Times

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7 Responses to “Gay Adoption Ban Ruled Unconstitutional in Florida”

  1. davidrudeon 26 Nov 2008 at 4:09 am edit this

    Nice…

  2. bill_fingeron 26 Nov 2008 at 4:34 am edit this

    This could be the first step in overturning the gay marriage ban they just passed. Cool beans.

  3. politicalanimalon 26 Nov 2008 at 8:53 am edit this

    I agree. While i personally oppose gay marriage (although i support civil unions with the same legal rights as marriage), i think not allowing people to adopt needy children just because they happen to be gay or lesbian is wrong and should be considered discrimination.

  4. rwahrenson 26 Nov 2008 at 10:43 am edit this

    Ok, p.a., help me out here.

    Gay unions are ok, but even if you allow them the same rights as married couples, just using the word isn’t.

    What is the objection? I don’t get it.

    The word marriage isn’t inherently religious, although the fundies claim that it is. In other countries like Canada or Belgium they use the same word and do not differentiate. Yet, civilization has not disintegrated nor fallen, people that were married before the law changed are still married, and churches are still as privileged as ever.

    So what is the beef?

  5. politicalanimalon 26 Nov 2008 at 10:59 am edit this

    First of all, let me just say the issue is not that big a deal with me. I’m perfectly willing to vote for someone who is pro-marriage if i happen to agree with them on other things. tell you the truth, i really don’t know much about this whole issue. My opinion could change in the future.

  6. khlindseyon 26 Nov 2008 at 7:07 pm edit this

    Thanks for this post. Adoption is one of my “hot-button” issues; and as the adult child of adoption, there are a whole lot of things worse than allowing a loving couple of any sexual orientation to become parents. A whole lot of things… Thanks PA ~k

  7. politicalanimalon 26 Nov 2008 at 7:37 pm edit this

    “and as the adult child of adoption”

    That’s interesting. I am also the adult child of adoption. Your welcome.

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