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."

[sero5]

Anyone who opposes homosexuality will be jailed by the Obama regime.

[guysdigdirt]

Gay rights advocates display a total lack of respect for their fellow Citizens in their attempts to FORCE OTHERS to accept their beliefs and practices.
Posted by Caeric


well put, by forcing your view on what marriage should be changed to become the ggay community is forcing their beliefs on others.

[kansas1946]

this is insane..a person being gay DOES NOT AUTOMATICALLY make a person deviant or perverted (though they prefer and often enough promote a stereotype of being such).Posted by anifylibby
*****************************

I always have called these hysterical ho*mo-phobes chicken *******. In a barnyard, if one of the chickens is a bit different the other chickens will peck it to death. Of course, chickens have a brain about the size of a pea, so the names seems appropriate. :o)

[julialily]

Supports right of individuals to choose partners regardless of sexual orientation. Supports recognition of equal rights to gay, lesbian, transsexual or bisexual citizens in housing, jobs, medical benefits, marriage and child custody. I have a friend getting married with the same *** under the help of the site **BiLoves dotcom** (a site for exploring sexuality, coming out,enjoying life, etc. And there are about 110 members per day and they are very active). And they live happily and wonderfully.If you come here frequently, you may find what you are looking easily and quickly.

[dilonsiel]

So stupid, just because you were able to find this story online that should justify forcing kids into deviant homosexual homes? If the deviant father can do it to his daughter then kids should be forced to live in homosexually deviant homes? NOT!!!!

---------Posted by alsdailynews

Well there were 2 stories and neither was about a deviant father. One is about an evangelist molesting children. The other is about a girl forced into marriage at the age of 9 (by her father) with the marriage consummated at that time (against the laws of her country, by the way - the marriage was legal, but consummation is supposed to wait until age 15).

And just as one should not label all hetersexuals as deviant because of a few people, neither are all homosexuals deviant either.

[dilonsiel]

I certainly haven''t seen anything on here in quite awhile from any homosexuals that looks like "love or stability".

-----------Posted by shanev137

You don''t mention the hateful and rude posts from some of those who are against homosexuals. Do you take their posts as indications of whether they have loving and stable homes?

But really, I''m not sure how one can determine who is a homosexual or not, based on their posts. (Except maybe for the few who mention their orientation.)

[simonsez40]

I''d like a definition of ''normal'' - your normal isn''t my normal. Once you can define normal then I might listen. Do you think those abused kids raised by ''normal'' parents that are now dead due to child abuse had ''normal'' parents and ''normal'' families? NOT.

[simonsez40]

More deviant parents are most likely straight males - since the ratio of incest, rape and child abusers are straight white males..........the deviant part doesn''t hold up.

[miriambk]

Does anyone know the percentage of children in the Florida foster care system (and available for adoption) who are identified as socially, emotionally, mentally and/or physically hanicapped in some way? Just curious.

[rixmix98]

***?!!
*** does "nam", guns, obesity and KFC have to do with protecting children from a deviantly g^y lifestyle?!

...and "if" there is a low obesity rate among g^ys, it''''s only because they work so hard at being able to attract multiple partners in public park restrooms and g^y nightclubs! Yeah, these deviant practices are a well known fact!

Posted by alsdailynews at 10:21 AM : Nov 26, 2008





Psssst. Today%u2019s Headlines:

More Child *** Charges Against Evangelist
Tony Alamo, 74, Sect Leader, Polygamist And Tax Cheat Is Accused Of Molesting Children

Yemeni Child Bride Hailed As Hero
When she was only 9 years old, she was forced into marriage by her father.



Now what was your stupid asss saying about deviant lifestyles in the gay community?

[anifylibby]

this is insane..a person being gay DOES NOT AUTOMATICALLY make a person deviant or perverted (though they prefer and often enough promote a stereotype of being such).

a couple or a person who wants to give back to society SHOULD BE JUDGED based on his character and past actions.. they should conduct enough background check to do so..

but to prohibit certain parts of society this..is pretty facist..(this has nothing to do with religion or anything but on a simple presumption that people who has differencet skin color, sexual preference etc etc are different)

[troubled713]

***?!!
*** does "nam", guns, obesity and KFC have to do with protecting children from a deviantly g^y lifestyle?!

...and "if" there is a low obesity rate among g^ys, it''''s only because they work so hard at being able to attract multiple partners in public park restrooms and g^y nightclubs! Yeah, these deviant practices are a well known fact!
+ = = = = = = =
Posted by alsdailynews

------------------------------
LOL your comment really makes no sense. Heterosexuals don''t have multiple partners, commit adultery and do deviant acts during intercourse? Oh wait...all those things are okay because it''s between a man and a woman....I forgot.

[troubled713]

It seems that many people on here that are not gay or lesbian, believe that being homosexual is all about who you are sleeping with. The actual physical act is what people are focusing on. That isn''t what it is all about. It is also an emotional thing. Long before a young person has intercourse they have crushes. These are not based on sexual desire but on emotional responses to a person.

So if you could get the picture of two people in the bedroom out of your mind, you would see that there is more to homosexuality than intercourse.

[bedwetter777]

Rixmix
So, you''''re saying homosexual men convincing adopted boys
of the blessings of homosexual union would be an extremely unusual occurrence.
I don''''t think so.
By the way, speaking of unusual, how often do you think a homosexual male couple would adopt a girl?
Think it over real careful, okay?---kamsack50 at 07:21 AM

I think that you''re going to have to present some evidence to support your position or you''re just engaging in baseless character assasination of same s3x couples.

[kamsack50]

Rixmix
So, you''re saying homosexual men convincing adopted boys
of the blessings of homosexual union would be an extremely unusual occurrence.
I don''t think so.
By the way, speaking of unusual, how often do you think a homosexual male couple would adopt a girl?
Think it over real careful, okay?

[rixmix98]

Rixmix98
Not "converted"? Hmmm..."Persuaded"?, as in "You''''re just confused, young fella, in need of guidance". As in, "Let us set you straight - I mean crooked".


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

Posted by kamsack50 at 06:59 AM : Nov 26, 2008



That%u2019s really intelligent. Show your ignorance. Your stupid comments are about as ludicrous as me posting something against the heterosexual community as being perverts for marrying kids at the age of nine. See story on Yemeni Child Bride Hailed As Hero.

shanev137 %u2013 Not sure what you%u2019re looking for here in the way of love and stability from the gay community. However, what exactly do you expect with some of the stupid posts here? Huh?

[kamsack50]

Rixmix98
Not "converted"? Hmmm..."Persuaded"?, as in "You''re just confused, young fella, in need of guidance". As in, "Let us set you straight - I mean crooked".

[shanev137]

"A child in need of love, safety and stability does not first consider the sexual orientation of his parent.

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


I certainly haven''t seen anything on here in quite awhile from any homosexuals that looks like "love or stability".

[rixmix98]

Homosexuals often try to make "converts".
In this sense, allowing them to adapt would be an opportunity for them to do just that. All under the authority of the courts who, out of fear of the Polical correctness police, would refuse no homosexuals wishing to adapt.

Posted by kamsack50 at 05:18 AM : Nov 26, 2008



Convert? You''re obviously not too educated.

I''m going to say this once and only once, NOBODY can be converted - either way.

Was that simple enough for you to understand? I promise I typed this slow hoping you could keep up.

[irmcvet97]

You are lying because you are telling everyone that you never needed your mom. That''''s a big lie and you know it. Every child needs a mothers love and not a man on the planet can do that. Duh!

Posted by truthislife1 at 03:10 AM : Nov 26, 2008

In a Perfect World ALL of us would have a Mother and a Father. This is NOT a perfect world and I have known and still know a lot of Single Males, for a lot of reason''s, who have to raise children without a Female present. The same can be said for the reverse. To say that TWO females or TWO males can not successfully take on the responsibility of giving these children a home for no other reason than you are part of the American Taliban is RIDICULOUS. Either you can show clear and professional opinions to PROVE they can not or SHUT up.