Gay Adoption Ban in Florida: UPDATE?

TOPICs: GLBT, adoption

Some recent articles floating around online implied we might hear/see something in the near future from Florida's State Supreme Court on that state's ban on adoptions by gay couples. But the recent article by Janine Zeitlin and a Law Blog article by Dan Slater appear to just be recycling old news with nothing new to add.

I did find this bit of news, however, on the Martin Gill-related ACLU site:

On December 5, 2008, the ACLU and the children's lawyers filed a request seeking to expedite the appeal by bringing the case directly before the Florida Supreme Court. The request for an expedited appeal was subsequently denied.

An hour of my life lost on various searches has led to no other official information about the continuing court case of Martin Gill and his two adopted sons. (I ended my searches after looking through the Florida Third District Court Of Appeal site . . . if anyone can point me to better/more information, please do! )

Here's a brief youTube video from acluvideos:

RELATED RESOURCES

ACLU website: http://www.aclu.com/

RELATED REFERENCES

A challenge to Florida's ban on adoption by gay parents. ACLU website for miscellaneous information related to the Gill case, including a link to a PodCast featuring Martin Gill. Accessed Thurs 01/01/2009 at http://www.aclu.org/lgbt/parenting/37875res20081124.html

Slater, Dan (12/29/2008). Same-sex adoption debate rages on in Sunshine State. The Wall Street Journal's Law Blog on WJS.com. Accessed Thurs 01/01/2009 at http://blogs.wsj.com/law/2008/12/29/same-sex-adoption-debate-rages-on-in-sunshine-state/.

Zeitlin, Janine (12/27/2008). Florida high court to rule on same-sex adoption ban: Florida has only ban in U.S. news-press.com. Accessed Thurs 01/01/2009 at http://www.news-press.com/article/20081227/SS08/812280386/1002/NEWS01.

Relying on SCIENCE & REASON,Judge Rules Against Florida's Ban on Adoptions by Gays

TOPICs: gay rights, adoption

A bit of good news on the civil liberties front: Miami-Dade Circuit Judge Cindy Lederman [pictured at right] has ruled as UNCONSTITUTIONAL a strict Florida law blocking gay people from adopting children (see the original USA Today article here):

Miami judge rules against Fla. gay adoption ban

MIAMI (AP) — A judge on Tuesday ruled that a strict Florida law that blocks gay people from adopting children is unconstitutional, declaring 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 noted that gay people are allowed to be foster parents in Florida. "There is no rational basis to prohibit gay parents from adopting," she wrote in a 53-page ruling. …

Later in the article, ACLU attorneys are quoted as saying "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." In fact, according to the USA Today article, "Organizations such as the American Academy of Pediatrics, American Medical Association and American Psychiatric Association all support permitting same-sex couples to adopt."

The great state of Florida begs to differ, however — and in the form of one Florida Assistant Attorney General Valerie Martin, apparently plans "a swift appeal." Even attorney and same-sex marriage bigot crusader John Stemberger got into the act, being quoted as calling the ruling "classic judicial activism."

Go to the ACLU website and download the PDF doc version of the trial court final decision — makes for great reading: Judge Lederman offers a thorough review of the scientific evidence presented and a firm no-holds-barred dismissal of much of the state's so-called expert testimony. In fact, reading the decision in greater detail has made me feel less dread as the state of Florida "swiftly" files the appeal … the state's case really seems based largely on outdated bigotry and explicitly religion-affiliated dogma. Even if the appeal is eventually heard, the state will have to come up with much, much better support for its stand. And frankly, such support simply doesn't exist. Let's hope Lederman's great example of relying on science and reason inspires courts in any future litigation.

RELATED RESOURCES

ACLU website: http://www.aclu.com/

American Medical Association (AMA) website: http://www.ama-assn.org/

American Psychiatric Association website: http://www.psych.org/

Family Equality Council website: http://www.familyequality.org/index_main.html

Florida Department of Children and Families website: http://www.dcf.state.fl.us/ess/ . The adoption program website is: http://www.dcf.state.fl.us/adoption/

Stemberger, John: professional website at http://www.orlandolawyer.tv/

RELATED ARTICLES & REFERENCES

A challenge to Florida's ban on adoption by gay parents. ACLU website for miscellaneous information related to the Gill case, including a link to a PodCast featuring Martin Gill. Accessed Wed 11/26/2008 at http://www.aclu.org/lgbt/parenting/37875res20081124.html

Florida Trial Court Opens Way For Lesbians And Gay Men To Adopt (11/25/2008). ACLU Press Release, accessed Wed 11/26/2008 at web address http://www.aclu.org/lgbt/parenting/37907prs20081125.html

Hudson, Waymon (10/23/2008). The insanity of John Stemberger: going down the rabbit hole in Florida. Blog commentary accessed Wed 11/26/2008 at http://www.bilerico.com/2008/10/the_insanity_of_john_stemberger_going_do.php

Miami judge rules against Fla. gay adoption ban. (11/25/2008). USA Today. Retrieved Wed 11/26/2008 at http://www.usatoday.com/news/nation/2008-11-25-gay-adoption_N.htm.

Trial Court Decision, available as PDF download at http://www.aclu.org/lgbt/parenting/37906lgl20081125.html