Fla. Gay Adoption Ban Dealt Legal Blow

Miami Judge Rules There Is "No Rational Basis" For Prohibiting Gays From Adopting Children

(CBS/ AP)  Florida's strict law banning adoption of children by gay people was found unconstitutional Tuesday by a state judge who declared there was no legal or scientific reason for sexual orientation alone to prohibit anyone from adopting.

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."

[guysdigdirt]

I know that humans, gay or otherwise, can be loving, giving, caring, sensitive people and that *** can be great parents, as wonderful as striaght people can. I do wonder though what the true effect on a child is if they do not have a mother and a father in the home. Two fathers or two mothers may be great but it is still not the same as a mother and a father.

I 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.

[guysdigdirt]

why is gay OK but add an s for the plural of gay not OK? Stupid censor bot.

[centerfall94]

Great decision. Inevitable decision. FOR THE FUTURE!

Civil and equal rights for ALL!

[myopinion381]

"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 ***, that standard goes out the window. Children do better with a mother and a father."

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.

[aldon61]

The heck with the legal/moral/religious reasons. *** can be loving parents, I''m sure of it. What ARE the effects of living with two same *** parents? Children can be vicious and cruel. The teasing and harassment from fellow students needs to be considered too, as well as the age of the adopted child. Older children really feel the need to "fit in" and having two moms or two dads won''t help that at all. Can anyone think Columbine High School? Those two kids were teased to the point they snapped. There really has to be safe guards to protect the kids. Rather than try to paint this situation with a broad brush, maybe each situation should be considered on it''s opwn merits case-by-case.

[tnz650-2009]

I love it how whenever a court ruling goes against extremest conservative social activists (aka: hatefull christians) their first response is to scream "ACTIVIST JUDGE, ACTIVIST JUDGE, ACTIVIST JUDGE ! ! !" You people are really going to have to get over your hatefull selves. Sensible, moral, honest Americans are running away from you in droves. So cry your hatefull slogans and cliche''s all you want. People are finally starting to respond the way they do to two year olds throwing a temper tantrum.

[iowa0319]

The fact of the matter is that there are lots and lots of kids out there that need parents. Being gay or straight isn''t going to make one bit of difference in the love that these people can give a child.

[dilonsiel]

The quote "Children do better with a mother and a father." could also be taken to mean that single people should not adopt or raise children. How would this affect people whose spouses had died or perhaps the single relative raising children after a couple dies? If this reasoning only applies to ***, then it''s discriminatory.

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 ***.

[marcodele]

Oh Thank God! Now we can all adopt gayy Floridians.

[mcdojh]

*** don''t typically get to adopt the desirable, "adorable" kids -- they get the ones no one else wants to raise. For those of you who worry that kids will be mean to kids with gay parents -- trust me, those bullies will most likely be people like yourselves! And Christians I''m sure!

[dilonsiel]

We used to say that being a Priest or a Pastor wouldnt make one bit of difference in the love that these people can give a child. We are so SLOW to learn!

Posted by DaVicar1

Are you saying that priests and pastors should not be allowed to adopt children?

[myopinion381]

We are turning the altar of marriage over to these deviate suckual freaks, now we are turning over the raising of our young, impressionable children to them??? Posted by DaVicar1 at 01:06 PM

Turning over the raising of "our" children? Have you ever considered adopting a child that has no other parents?

[myopinion381]

Oh Thank God! Now we can all adopt gayy Floridians. Posted by marcodele at 01:11 PM

Just because a child is raied by a g*y couple, it does not mean that they will turn out g*y.

[evian_ycnan]

The sound you hear is that of dominoes falling... and all this time you Republiscum thought that theory referred to SE Asia....

[dilonsiel]

Since Florida allows gayy people to foster children, but not adopt them, then the state must already think that it is ok for children to be raised by gayy couples.

[ynot12007]

How has the past election anything to do with the topic? Keep to the issue and don''t deviate from it.
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.

[feedback3-2009]

We are turning the altar of marriage over to these deviate suckual freaks, now we are turning over the raising of our young, impressionable children to them???

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.

[jclark7613]

I agree with the judge. Your lifestyle is your business and if your partner want to have a biological child to raise with you...then good for the two of you but by no means should children that are already troubled and given up be adopted by ***.

[myopinion381]

I would try and do something, however, if it meant keeping innocent kids out of the hands of seckual deviates. Posted by DaVicar1 at 01:24 PM

There are a lot of people that are s*xual deviants whether they are g*y or not.

[dilonsiel]

I agree with the judge. Your lifestyle is your business and if your partner want to have a biological child to raise with you...then good for the two of you but by no means should children that are already troubled and given up be adopted by ***.

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?

[ynot12007]

Now to get back to the topic; Think of all the parentless children there are and of those who live with parents who abuse them. Homosexuality is inborn one does not Choose to be one; however they are often more sensitive to the needs of children then straight people.
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.

[rixmix98]

Now to get back to the topic; Think of all the parentless children there are and of those who live with parents who abuse them. Homosexuality is inborn one does not Choose to be one; however they are often more sensitive to the needs of children then straight people.
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.

[omded]

All of you anti-g a y people need to find a REAL issue to devote your time and energy to. Here are a few suggestions:
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.

[doorgunner3]

I agree with this ruling.

[doorgunner3]

Come on folks. You can find a much better way to spend your time.


--------------------------------------------------------------------------------

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.

[dilonsiel]

Since Florida allows gayy people to foster children, but not adopt them, then the state must already think that it is ok for children to be raised by gayy couples ----------------------------------------
-------------- 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.

[doorgunner3]

This was a common sense ruling.

Good parents are good parents. There should be no other qualification needed.

[myopinion381]

ynot12007 - Well said.

[doorgunner3]

Whether or not someone is gay is not relevant to parenting skills.

[myopinion381]

Agreed....AND, NONE OF THEM should be allowed to adopt. Posted by DaVicar1 at 01:57 PM

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.

[dilonsiel]

Whether or not someone is gay is not relevant to parenting skills.


------------Posted by doorgunner3

Very true.

[usclimey]

DaVicar is an idiot with a very sorry sense of humor - don''t pay any attention to him. I really find these holy roller do-goodies who think they know so much incredibly ignorant, condescending and bigoted.

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.

[myopinion381]

Equal rights - that is what this boils down to. Everyone is entitled to that.

[dilonsiel]

Probably because we know it takes longer than 12 months to turn someone gay.

--------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.

[myopinion381]

Seckual deviation is the hallmark of homosexuality!!!
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.

[myopinion381]

WHOA! Hold on there, MyO...are you saying that EVERYONE is entitled and qualified to adopt a child? Posted by DaVicar1 at 02:09 PM

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.

[myopinion381]

It would also seem that you''''re more concerned about children becoming g-y than about the children themselves. Posted by Dilonsiel at 02:10 PM

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.

[moleman--2008]

DaVicar1 is obviously an Opus Dei wannabe or a Bob Jones U dropout. Ignore him. Being gay (he can''t even write the word) is not a choice, being a bad parent is an equal opportunity occupation for straight and gay parents, but the evidence is that there is more abuse and neglect from straights than there has ever been or ever will be from gay parents. DaVicar1, your attitude is going to come back and bite you when your own children grow up and reject your beliefs. What will you do then, beat the gayness out of them? Whip them for holding a different opinion? You are a shameful example of a christian if that''s what you are.

[usclimey]

So according to these neanderthals if a man and a woman are married, whether or not they fight, drink constantly, live in filth, or just veg and watch TV all day, they are fit parents. However, my son''s two godfathers (he''s one of 10 god-children) who have been together for 30 years, are both professionals, pillars of the local church, live in a listed historical house and have travelled all over the world would not be fit.
And the neanderthals call themselves Christians.

[myopinion381]

autumn987 got out of her padded cell again.

[usclimey]

You should pull up this John Stemberger''s web-site.

http://www.orlandolawyer.tv/

He''s a TV ambulance chaser - what would you expect, intelligence? I invite all and everyone to leave messages at

[e-mail]

[usclimey]

I am sure the original ruling was passed by Florida State Legislators, not Christians or Cavemen.

Posted by DaVicar1

Florida State Legislators, Christians, Cavemen. HMMM those terms are not synonymous?

[xyno-2009]

However, my son''''s two godfathers (he''''s one of 10 god-children) who have been together for 30 years, are both professionals, pillars of the local church, live in a listed historical house and have travelled all over the world would not be fit.

Posted by usclimey at 02:19 PM : Nov 25, 2008

================

The g@y couple has 10 god-children?? What is that, some kinda commune?

[antoniof123]

oh brother another division issue.

[myopinion381]

The g@y couple has 10 god-children?? What is that, some kinda commune? Posted by xyno at 02:36 PM

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.

[usclimey]

The g@y couple has 10 god-children?? What is that, some kinda commune?

Posted by xyno

They just know that many parents around the country who wanted them as godparents.

[nothappyatall]

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."

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.

[xyno-2009]

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 MyOpinion381 at 02:44 PM : Nov 25, 2008

============

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.

[trumpetstuff]

DaVicar1, tj217, alsdailynews, and holders of similar views: It`s always easy to rip on a group of people you don`t like. How about a little kindness? And for those who speak against gay people from a religious standpoint, IMHO it does not represent God well to speak so harshly. Let God judge. He does not call His people to do so.

[myopinion381]

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? Posted by xyno at 02:52 PM

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.