Florida Court Strikes Down State Ban on Gay Adoptive Parents

asset_upload_file476_37875Miami-Dade Circuit Judge Cindy Lederman has struck down Florida’s ban on the adoption of children by gay people. She found that the law was unconstitutional given the absence of any legal or scientific reason that sexual orientation should be the basis for such a prohibition.

Noting that gay people could be foster parents in the state, the Court rejected the suggestion by the state that there was “a supposed dark cloud hovering over homes of homosexuals and their children.”
The law failed even the lowest rational basis test, the court ruled.

Notably, Arkansas voters last month approved a measure similar to a law in Utah that bans any unmarried straight or gay couples from adopting or fostering children. Conversely, Mississippi bans gay couples, but not single gays, from adopting.

The Florida case saw a clash of experts on the fitness of gay couples to adopt.

The ruling is a victory for Martin Gill, 54, and his partner who wanted to adopt two brothers, ages 4 and 8, that have been their foster children since December 2004.

For a copy of the ruling, click here.

For the full story, click here.

12 Responses to “Florida Court Strikes Down State Ban on Gay Adoptive Parents”


  1. 1 Jill 1, November 26, 2008 at 3:15 pm

    The gay agenda moves ever closer to fruition.

    As an aside, how is that a single gay person is not considered a menace to society but a gay couple is? I wasn’t clear on that.

  2. 2 rcampbell 1, November 26, 2008 at 5:10 pm

    There you go again, Jill, trying to confuse the anti-gay crowd’s argument by injecting such a radically leftist idea like logic into the discussion.

  3. 3 Hank 1, November 26, 2008 at 5:30 pm

    “The gay agenda moves ever closer to fruition.”

    I keep hearing about this gay agenda. You seem to know what it is Jill, perhaps you could enlighten me. So many people seem to be afraid of it, it must be really bad.

    The only thing I’ve seen so far is gay people asking to be treated equally under the law, the the same rights and privileges that any other citizen is entitled to. But that can’t be the “gay agenda”, because what reasonable person could be against that?

  4. 4 Jill 1, November 26, 2008 at 5:45 pm

    rcampbell,

    I know you will concur with me about this. Single gay people do nothing but fornicate in hot tubs.

    Hank,

    I’m kidding. I agree with you.

  5. 5 Bob, Esq. 1, November 26, 2008 at 5:45 pm

    What exactly is the gay agenda?

  6. 6 Mike Spindell 1, November 26, 2008 at 5:46 pm

    Sometimes my home state gets it right, too often not though. In a sense the victory of Prop 8, may presage the coming end of homophobia. Homophilic hetero’s like me got smacked in the face with the fact that gay rights is a major issue, not to be pushed to the back burner in favor of seemingly more pressing issues.
    Don’t Ask, Don’t Tell was an abomination and Clinton’s feet should have been held to the fire, for the cowardice betrayed in abandoning his commitment to our Gay citizens. Progressives and Civil Libertarians share responsibility by not pushing harder and supporting more. Gay Rights is a major battle in the anti-sex culture wars being waged by no nothing fundamentalists, as is reproductive choice for women. We must all join the battle to overcome these abrogations of our civil liberties. While we’re at it it’s also time to end the phony “War On Drugs” that cruelly imprisons people of color and provides cover for civil liberty violations.

    May everyone here’s Thanksgiving be blessed with hope and good feelings. Thank you Professor for having this site to help me keep my spirits up and for the wisdom you express in action and deed.

  7. 7 Jill 1, November 26, 2008 at 5:51 pm

    Bob,

    Here is the definitive explanation of the homosexual agenda. It’s from the American Family Association. They actually have their largest section on the web devoted to “all things gay”.

    http://www.afa.net/homosexual_agenda/

    Mike,

    Amen to everything you said.

  8. 8 farmer john 1, November 26, 2008 at 7:55 pm

    DEVELOPING: Several sites in Mumbai, India’s financial capital, were hit Wednesday night by a wave of terror attacks, aimed at Americans, that left dozens dead and hundreds injured as Indian forces battled with terrorist gunmen to free hostages from two luxury hotels. There are reports of at least 50 and as many as 100 people dead. Police continued to evacuate people through the Oberoi hotel’s basement, and gunmen reportedly had taken hostages elsewhere in the city.

    WHAT!! HOW COULD THIS HAPPEN! WE WERE TOLD THAT THE WORLD LOVED US NOW THAT OBAMA WAS ELECTED! WE WERE TOLD IT WAS A GOOD THING FOR ISLAMIC RELATIONS THAT WE HAD A PRESIDENT WHOSE FATHER WAS MUSLIM!

    WHAT!! HOW COULD THIS HAPPEN! WE WERE TOLD THAT THE WORLD LOVED US NOW THAT OBAMA WAS ELECTED! WE WERE TOLD IT WAS A GOOD THING FOR ISLAMIC RELATIONS THAT WE HAD A PRESIDENT WHOSE FATHER WAS MUSLIM!

    WHAT!! HOW COULD THIS HAPPEN! WE WERE TOLD THAT THE WORLD LOVED US NOW THAT OBAMA WAS ELECTED! WE WERE TOLD IT WAS A GOOD THING FOR ISLAMIC RELATIONS THAT WE HAD A PRESIDENT WHOSE FATHER WAS MUSLIM!

  9. 9 Sally 1, November 26, 2008 at 10:14 pm

    Hey I’d rather see a couple adopt a child than a single parent.

    My best friend was raised by her mother and her live in girlfriend. I didn’t even realize they were a couple until I was in highschool. I just assumed that they were two divorced women living together.

    I am more concerned with perverts adopting innocent children than anything else.

    We’ve seen plenty of straight people adopt children and physically and mentally abuse them.

    How about doing more thorough background checks before allowing anyone to adopt?

  10. 10 Bob, Esq. 1, November 26, 2008 at 10:42 pm

    So Jill,

    You were being…

    what’s the word…

    sarcastic; right?

  11. 11 Gyges 1, November 26, 2008 at 10:48 pm

    Bob,

    cut out the punctuation and youve almost got an ee cummings poem

  12. 12 Mike Spindell 1, November 27, 2008 at 1:01 pm

    Bob & Gyges,
    Add four syllables and it’s a Haiku:

    Thanksgiving comes

    So Jill you were

    being…what’s the word…

    sarcastic; right?


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