Fla. Gay Adoption Ban Dealt Legal Blow
Miami Judge Rules There Is "No Rational Basis" For Prohibiting Gays From Adopting Children
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Miami-Dade Circuit Judge Cindy Lederman said the 31-year-old law violates equal protection rights for the children and their prospective gay parents, rejecting the state's arguments that there is "a supposed dark cloud hovering over homes of homosexuals and their children." She also noted that gay people are allowed to be foster parents in Florida.
Attorneys for the American Civil Liberties Union, who represent gay foster parent Martin Gill, said the case was the first in the nation in which numerous experts in child psychology, social work and other fields testified that there is no science to justify a gay adoption ban.
"There is no 'morality' interest with regard to one group of individuals permitted to form the visage of a family in one context but prohibited in another," Lederman wrote in a 53-page decision. "There is no rational basis to prohibit gay parents from adopting."
Because state attorneys immediately filed a notice of appeal, the ruling is likely to set the stage for a battle that could reach the Florida Supreme Court. A judge in gay-friendly Key West also found the law unconstitutional in September, but that ruling has not been appealed and has limited legal reach.
Florida is the only state with an outright ban on gay adoption. 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. Mississippi bans gay couples, but not single gays, from adopting.
Tuesday's ruling means that Gill, 54, and his partner can adopt two brothers, ages 4 and 8, whom he has cared for as foster children since December 2004.
"I've never seen myself as less than anybody else," Gill said. "We're very grateful. Today, I've cried the first tears of joy in my life."
He said the two boys have been practicing writing their new last names, and the older one said: "That's what's going to make us a family."
State witnesses included scholars who testified that children raised by gays were at higher risk for mental stress and substance abuse than those raised by straight parents, reports CBS Radio News correspondent Peter King. Witnesses for Gill presented research countering those claims.
Organizations such as the American Academy of Pediatrics, American Medical Association and American Psychiatric Association all support permitting same-sex couples to adopt.
Lederman rejected all the state's arguments soundly.
"It is clear that sexual orientation is not a predictor of a person's ability to parent," the judge wrote. "A child in need of love, safety and stability does not first consider the sexual orientation of his parent. The exclusion causes some children to be deprived of a permanent placement with a family that is best suited to their needs."
Florida Assistant Attorney General Valerie Martin said an appeal would be filed on behalf of the state Department of Children & Families. She declined additional comment.
Florida ACLU spokesman Brandon Hensler told King that the decision only affects this case and since the state is appealing, it is expected to make it to state Supreme Court.
Reaction came quickly from advocates of gay, lesbian and transgender parents who have long considered Florida's law the most draconian in the nation. Jennifer Chrisler, executive director of the Boston-based Family Equality Council, said the decision is a "long-overdue recognition of the equal ability of lesbian, gay, bisexual and transgender people to raise happy, healthy families."
"The best interests of children should be decided by parents, families, professionals and judges, not opportunistic politicians and interest groups," Chrisler said.
John Stemberger, chairman of the successful drive earlier this month to pass a constitutional amendment banning gay marriage in Florida, called the ruling "classic judicial activism" and predicted it would be reversed on appeal.
"Everywhere in the law where children are affected, the standard must always be what is in the best interest of the child," said Stemberger, an attorney in Orlando. "What is stunning to me is that when it comes to dealing with gays, that standard goes out the window. Children do better with a mother and a father."
© MMVIII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.



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See all 263 CommentsI would guess there are more children than couples willing to adopt and that is a tragedy. It makes one sad to dwell on the thought.
Civil and equal rights for ALL!
I agree that it should always be in the best interest of the child/children but what''s to say that the best interest isn''t a g*y couple or even a single parent.
As for children needing to fit in, does that mean it would be ok to ban interracial couples from adopting children because the children might have trouble fitting in? People who say those things are often called racist, but it''s ok to give the same reasons for ***.
Posted by DaVicar1
Are you saying that priests and pastors should not be allowed to adopt children?
Turning over the raising of "our" children? Have you ever considered adopting a child that has no other parents?
Just because a child is raied by a g*y couple, it does not mean that they will turn out g*y.
We might all be surprised with the outcome. If anyone really thinks the past 8 years of the present administration were great then you need to look at your retirement funds and jobs going out the window.
I guess in a Country that is willing to turn its Presidency over to a Racist Muslim Terrorist, developements such as these could have been expected.
Posted by DaVicar1 at 01:06 PM : Nov 25, 2008
____________________________
By your logic, your parents must be really ****** up because your ignorance is blinding.
There are a lot of people that are s*xual deviants whether they are g*y or not.
Posted by jclark7613
The judge found the law preventing adoption by g-ys to be unconstitutional and with her ruling, the foster parents in the article can now adopt the 2 children. That''s not exactly what you''re saying here, so how do you agree with the judge?
No! I am not Gay however I did have friends over the years who were(three deceased)and never made a pass at me. We must all be tolerant of others lest we will not be tolerated by the others.
No! I am not Gay however I did have friends over the years who were(three deceased)and never made a pass at me. We must all be tolerant of others lest we will not be tolerated by the others.
Posted by ynot12007 at 01:46 PM : Nov 25, 2008
Wow. Very well put. I wish people would read and actually understand what you say. I get sick and tired of the morons that come on here and say it IS a choice. Being a gay man, I can assure anyone it is not.
1. Orphaned Children
2. Starving Children
3. Children Living In War Zones
4. Children Who Can''t Get Health Care
5. Children Who Aren''t Loved
6. Children Who Are Growing Up Without A Parent Figure To Turn To
7. Child Abuse
8. Child Obesity
9. Child Inactivity
10. The Exposure Of Children To Violence And Violent Influences
11. Juvenile Crime
12. Juvenile Gangs
13. Juvenile Drug Abuse
14. Child Neglect
15. Child Endangerment
16. Exposure of Children to Hazardous Substances
17. Destruction of the Environment (the world these kids will have to grow up and live in).
18. Destruction of the Economy (the economy these kids will have to grow up and live in).
19. The Massive Debts We''re Accumulating That The Kids Will Have To Pay Back
20. The Decreased Standard Of Living The Kids Could Enjoy If We Don''t Start Focusing On And Addressing The REAL Issues.
Come on folks. You can find a much better way to spend your time.
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Posted by omded
One could say the same to those who spend countless hours and millions of dollars wrangling over the gay marriage (non) issue.
And I mean both sides of that issue.
-------------- Posted by Dilonsiel
you are equating despiration with approval
-------------- Posted by DaVicar1
No, I''m not. I was trying to make the point that if FL is already allowing g-y couples to foster children (clearly mentioned in the article above), then why aren''t all the people outraged about the adoption process also outraged about the foster process?
It would seem that it''s ok to use g-y parents to alleviate a problem area, but not to give them the same rights as others.
Or, another way to see it, is that the children''s services organization has reviewed the facts and determined that g-y people raising children is not detrimental to the children (allowing for examining each case to ensure this) and that the FL people who voted in the law did not believe the same way.
Good parents are good parents. There should be no other qualification needed.
Just because someone is g*y does not make them a s*xual deviant. When you look in the mirrow you might have one staring back at you.
------------Posted by doorgunner3
Very true.
The "What is stunning to me is that when it comes to dealing with ***, that standard goes out the window. Children do better with a mother and a father," pronouncement by, of course a male lawyer is a great example of all three points - bigoted, condescending and ignorant. These are the people who shouldn''t be allowed to adopt kidc.
--------Posted by DaVicar1
I''m not familiar with FL foster rules. So, a child has to be moved from a foster home after 1 year? That would make for a very chaotic childhood - to be moved from home to home every year. How awful! I''m certainly glad these children will now be adopted and have a chance at a stable homelife.
It would also seem that you''re more concerned about children becoming g-y than about the children themselves.
Posted by DaVicar1 at 02:07 PM
I sometimes wonder where you find your facts. It has nothing to do with deviation. And before you say anything, people do not choose to be g*y. Why would anyone choose to have people like you talk about them with such hatred.
I don''t believe that I said that everyone is entitled to be qualified to adopt or even foster a child. They is a very lengthy and detailed process to allow someone to adopt. It should not be based on someone being g*y or straight, single or married. Don''t make assumptions about my comments and I won''t make them about yours.
I totally agree with you. DaVicar can''t open his mind enough to see the entire picture. If the children were not in a safe and nurturing home as foster children, they would have never been allowed to be adopted by the same people. I wish the entire family many years of happiness.
And the neanderthals call themselves Christians.
http://www.orlandolawyer.tv/
He''s a TV ambulance chaser - what would you expect, intelligence? I invite all and everyone to leave messages at
Stemberger@FloridaLawyer.tv
Posted by DaVicar1
Florida State Legislators, Christians, Cavemen. HMMM those terms are not synonymous?
Posted by usclimey at 02:19 PM : Nov 25, 2008
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The g@y couple has 10 god-children?? What is that, some kinda commune?
When you are a god-parent, it usually means that you will take care of the child if something happens their parents. I don''t believe that the couple have the 10 children living with them.
Posted by xyno
They just know that many parents around the country who wanted them as godparents.
Fine thing, waste more state monies and time stupidly defending a law that WILL fall specifically because it IS unconstitutional, forget about the state attorneys spending that time on fighting for worker''s rights, homeless, fraud etc
No wonder the dam states can''t seem to live in their budgets- they waste millions on foolish things.
Posted by MyOpinion381 at 02:44 PM : Nov 25, 2008
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I understand that, but why wouldn''t you want someone in your family to take care of them. And why would you want a couple that''s ~50 yrs. old (been together for 30 years) taking care of children?
My wife and I have our brothers or sisters taking care of our children if something happened to them.
Just seems odd.
I agree with you that it is usually a family member that the child/children would go to but there are some families that are very small. I don''t have any siblings that are alive anymore so would have to have an alternate. Fortunately my daughter is almost 17 so that probably won''t be a worry.
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