Florida Judge rules gay adoption ban, unconstitutional

Posted by Tina Righter at 11/26/2008 7:40 AM
Categories: Homophobia
On Tuesday November 25th, a Miami-Dade circuit court judge overturned Florida’s gay adoption ban, stating there is “no rational basis” to prohibit gays from adopting.  This is the second case of its kind in two months to rule against the law and permanently place foster children with gay adoptive parents.

Florida is the only state in the US that prohibits any gay or lesbian, single or coupled, from adopting children.  It’s an antiquated law left over from the 1977 anti-gay campaign led by Anita Bryant to repress gay rights.  Some states effectively bar potential LGBT parents from adopting with laws that prohibit adoption by unmarried couples.  Arkansas just voted to enact such a measure this month.

It’s obvious that these oppressive measures recognize that there is no basis to keep gays and lesbians from parenting.  Gay foster parents are allowed to care for their foster children for years, but are prevented from forming stable families through adoption.  “The best interests of children are not preserved by prohibiting homosexual adoption,” the judge said in her 53-page decision.  She also stated the law violated equal protection rights for children and their prospective parents.

The Florida Department of Children & Families and the state attorney general’s office argued for the ban to remain in place. They have the support of Gov. Charlie Crist who is yet another republican firmly against gay rights but widely rumored to be a deeply closeted gay man.

The two young brothers were placed with 47-year-old Martin Gill in 2004 by a state child abuse investigator involved in their case.  Gill and his partner, who the boys refer to as “dad,” see no reason the situation shouldn’t be permanent and the judge agreed.  “They’re a good family,” the judge said in her ruling.  “They’re a family in every way except in the eyes of the law.  These children have a right to permanency... in the home where they are thriving.”

Attorneys for the state said they would appeal the ruling and the case is expected to go to the Florida Supreme Court.  But the odds do not appear to be on their side.  In a separate case in September, another Florida judge ruled against the law.  A 13-year-old boy was permanently placed with his gay foster father, who had raised him since 2001.  Monroe Circuit Court Judge David J. Audlin Jr. said in his ruling that the gay adoption ban violates the Constitution’s separation of powers by preventing family court and child welfare judges from deciding case-by-case what is best for a child.

 

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