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

Congratulations to Heather Gillman!

TOPIC: free speech

Surfing around looking for recent news/updates on the recent litigation involving Florida's Okeechobee High School and its efforts to suppress student efforts to form a Gay-Straight Alliance club (efforts that eventually failed spectacularly, by the way — see earlier commentary here), and I was reminded of the related events involving Ponce de Leon High School, then-principal David Davis, and Ponce de Leon High School senior Heather Gillman, which then led to this pleasant discovery [for the original, click here]:

Florida High School Student Wins Hugh M. Hefner First Amendment Award (10/20/2008)

Senior Heather Gillman Honored for Fearlessness In Speaking Out For the Rights of Gay and Lesbian Students

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

MIAMI - The American Civil Liberties Union of Florida announces that Heather Gillman has been selected by the Playboy Foundation to receive the Hugh M. Hefner First Amendment Award for "her fearlessness in speaking out on behalf of the rights of gay students" at her Ponce de Leon high school, located in Florida's Panhandle.

Gillman sued her school after her high school principal discriminated against her gay and lesbian friends. At trial, the principal testified that he believed clothing or stickers featuring rainbows would make students automatically picture people having sex, and he forbade students from wearing any sort of clothing, stickers, buttons, or symbols to show her support of equal rights for gay people.

"Heather Gillman is a courageous young woman who is most deserving of this very prestigious First Amendment award," said Howard Simon, Executive Director, ACLU of Florida. That her actions have received accolades from the Playboy Foundation demonstrate that her actions go beyond the walls of her rural high school, she has in essence taken a stand for all students in America. She exercised leadership and honesty when she stood up to the school's principal and the school board on behalf of the rights of gay students and we congratulate her."

Tomorrow, Gillman and her Mother Ardena will travel to Washington D.C. to be honored at the October 21 awards ceremony where she will receive her $10,000 award to pursue education.

"I thank the Playboy Foundation for the Hugh M. Hefner First Amendment award. With the support of my parents and family I chose to protect the First Amendment rights of my classmates who support equal rights for gay people. Standing up to my school was really hard to do, but I'm so happy that I did, because the First Amendment is a big deal to everyone. I am grateful to the American Civil Liberties Union of Florida for defending me," said Gillman.

The day after being reprimanded for defending a gay student who had been harassed she returned to school wearing symbols of support including the rainbow flag and the initials G P for "gay pride." She was told by her school principal that she was not allowed to express any support for gay rights because it would be "disruptive," and that the symbols were signs of a "secret/illegal organization."

Past recipients of the First Amendment Award include filmmaker Michael Moore, comedian Bill Maher, and the late columnist Molly Ivins.

Wow. Way to go, Heather!

The 9/24/2008 press release from the Playboy Foundation notes that the First Amendment Awards were bestowed this year on just three recipients from a record number of 60 nominees,

… ranging from law professors to website creators to student journalists and representing both traditional and digital means of expression. The winners were chosen by a panel of distinguished judges: David M. Rubin, Professor and former Dean of the S.I. Newhouse School of Public Communications at Syracuse University; Geoffrey Stone, Edward H. Levi Distinguished Service Professor at University of Chicago Law School, and Nadine Strossen, President of the American Civil Liberties Union and Professor of Law at New York Law School.

The Playboy Foundation praised Gillman for her "fearlessness in speaking out on behalf of the rights of gay students."

This puts 17-yr-old high school senior Heather Gillam in quite distinguished company. Former recipients include film-maker and activist Michael Moore and columnist Molly Ivins. This year's recipients also included New-York-based attorney Greg Lukianoff, president of the Foundation for Individual Rights in Education (FIRE), recognized for "his tireless efforts to defend First Amendment rights of students and faculty," and Mark Klein, a retired AT&T technician, recognized for his courage in speaking out against electronic surveillance of American citizens by our own government.

RELATED REFERENCES

Florida High School Student Wins Hugh M. Hefner First Amendment Award (10/20/2008): Senior Heather Gillman Honored for Fearlessness In Speaking Out For the Rights of Gay and Lesbian Students. Accessed 10/24/2008 at http://www.aclu.org/freespeech/youth/37255prs20081020.html

Hudson, Waymon (10/23/2008). FL Student Heather Gillman Honored for Speaking Out for LGBT Rights. Accessed 10/24/2008 at http://florida.bilerico.com/2008/10/fl_student_heather_gillman_honored_for_s.php

The Playboy Foundation. Web site accessed 10/24/2008 at http://www.playboyenterprises.com/home/content.cfm?content=t_template&packet=0007B308-45F5-1C7D-9B578304E50A011A&artTypeID=0007B451-BB99-1C76-8FEA8304E50A010D

Ponce de Leon Senior Wins $10,000 Hugh Hefner Award. (10/16/2008). Accessed 10/24/2008 at http://www.wtvynews4.com/home/headlines/31126474.html.

Federal Court Says Okeechobee High SchoolMust Allow Gay-Straight Alliance Club To Meet

TOPIC: gay rights, high school, freedom of speech

In an article titled "Judge: Gay club can meet at Okeechobee high school," the MiamiHerald.com reported Wednesday 7/30/2008 the ruling of federal judge K. Michael Moore:

By KELLI KENNEDY
Associated Press Writer

MIAMI --
A school district in rural Florida must allow a Gay-Straight Alliance to meet on campus and must provide for the well-being of gay and straight students, a federal judge ruled, capping a nearly two-year legal battle over First Amendment rights.

Students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate," Judge K. Michael Moore said in a written ruling issued Tuesday night, quoting another case.

Kennedy also alludes to the case involving (former) high school principal David Davis of Ponce de Leon High School:

Earlier this year, a Florida judge said a Panhandle principal led a "relentless crusade" against gay and lesbian students at Ponce de Leon High School and violated their First Amendment rights by trying to prevent them from wearing gay pride clothing, stickers and buttons.

By the way: former principal David Davis, who ended up costing his Holmes County School District more than $300,000 in damages and attorney fees, has now elected to return to the classroom to teach … American government and other classes! American Government?! OMG. (see "Ponce de Leon High School Principal Back to the Classroom," 7/24/2008, referenced below.) ANYWAY, Kennedy notes that:

Her lawsuit [against Okeechobee] cites the 1984 federal Equal Access Act, which was initially pushed by evangelical Christians after some public schools banned after-school prayer meetings and other religious gatherings. It says that if a public school allows any extracurricular activities to meet on campus it must allow all groups to do the same.

There's some great irony for you!

The actual ruling can be downloaded in pdf form from the ACLU site at: http://www.aclu.org/lgbt/youth/36195lgl20080729.html.

I'm looking forward to a detailed reading of that document. In the mean time, I notice that the Gay Straight Alliance is not mentioned on the Okeechobee High School website nor is any link provided to the GSA under the website's listing of "clubs."

I DID notice, however, that the school website included the picture of the school mascot "Bubba" shown above. The picture itself is ironic after you read about some of the supposed shenanigans the school went through to deny the Gay Straight Alliance club the right to meet.

RELATED REFERENCES

Bubba the Brahman (picture of the Okeechobee High School mascot), accessed 8/2/2008 at web page http://www.okee.k12.fl.us/ohs/mascot/mascot.htm.

Gonzalez v. School Board of Okeechobee County - Case Profile (5/21/2008 ?). American Civil Liberties Union (online), article accessed Sat 8/2/2008 at web page http://www.aclu.org/lgbt/youth/35421res20080521.html.

Gonzalez v. School Board of Okeechobee County - Order Granting Plaintiffs' Motion for Summary Judgment; Denying Defendant's Motion for Summary Judgment (7/29/2008). PDF document available for downloading, accessed Sat 8/2/2008 at web address http://www.aclu.org/lgbt/youth/36195lgl20080729.html.

JUDGE REJECTS OKEECHOBEE SCHOOL BOARD'S ATTEMPT TO BLOCK GAY-STRAIGHT ALLIANCE'S ANTI-DISCRIMINATION LAWSUIT (3/13/2007). American Civil Liberties Union (online), article accessed Sat 8/2/2008 at web page http://www.aclu.org/lgbt/youth/29025prs20070313.html.

Kennedy, Kelli (7/30/2008). Judge: Gay club can meet at Okeechobee high school. MiamiHerald.com, accessed 8/2/2008 at web address http://www.miamiherald.com/news/florida/AP/story/623334.html.

Okeechobee High School website: accessed Sat 8/2/2008 at web address: http://www.okee.k12.fl.us/ohs/index.html.

Ponce de Leon High School Principal Back to the Classroom (7/24/2008). wtvynews4.com, accessed 8/2/2008 at web page http://www.wtvynews4.com/news/headlines/25875264.html

Ponce de Leon High School website: accessed Sat 8/2/2008 at web address http://pdlhs.hdsb.org/

Massachusetts Takes Another Step Toward Equal Rights

TOPIC: gay rights, gay marriage

The Massachusetts legislature has now voted to repeal a 1913 law that had been used to block gay marriages involving out-of-state couples, and Massachusetts Governor Deval Patrick indicates he will sign the bill.

So, now in addition to allowing residents of Massachusetts to participate in same-sex marriages (since 2004 under then governor Mitt Romney), out-of-state gay couples can go to Massachusetts to get married, even if their "home state" does not allow/recognize such unions.

Partly (ironically) driven by economic considerations, sure. But my less cynical side hopes that Massachusetts state Rep. Byron Rushing is sincere when he says that "This is question of fairness, and it is a question of equity" (Mass. House OKs out-of-state gay marriage, USA Today, 7/29/2008).

RELATED REFERENCES

Braun, Stephen (7/16/2008). Massachusetts Senate votes to end gay marriage restriction. Los Angeles Times, accessed Tues 7/29/2008 at web address http://www.latimes.com/news/nationworld/nation/la-na-gaymarry16-2008jul16,0,5071765.story .

Goodridge v. Mass. Department of Public Health, 440 Mass. 309, 798 NE2d 941 (Nov. 18, 2003).

Mass. House OKs out-of-state gay marriage. (7/29/2008). USA Today, accessed 7/29/2008 at web page http://www.usatoday.com/news/nation/2008-07-29-mass-gaymarriage_N.htm?loc=interstitialskip .

Massachusetts Law About Same-Sex Marriage. Massachusetts Trial Court Law Libraries (online), web page accessed Tues 7/29/2008 at http://www.lawlib.state.ma.us/gaymarriage.html.

Viser, M. (7/10/2008). Gay-marriage advocates hope to repeal old law: Nonresidents now barred. The Boston Globe, accessed Tues 7/29/2008 online at web address http://www.boston.com/news/local/articles/2008/07/10/gay_marriage_advocates_hope_to_repeal_old_law/ .

Deroy Murdock Blasts "Don't Ask, Don't Tell" on National Review Online

TOPIC: gays in the military

Deroy Murdock (a New York-based columnist with the Scripps Howard News Service and a media fellow with the Hoover Institution) has authored a nice article on National Review Online pointing up the continuing absurdities of the "Don't Ask, Don't Tell" anti-gay military policy, and reporting particularly on the increased granting of "moral waivers" (through which the Army has evidently even inducted felony child molestors!):

… Pentagon officials evidently trust military inductees with felony rap sheets more than they do law-abiding gay GIs. Having relaxed academic, age, and weight restrictions to achieve recruitment goals, the Defense Department has granted “moral waivers” to criminal convicts. Simultaneously, it uses the “Don’t Ask, Don’t Tell” policy to jettison gays in uniform, usually for merely disclosing their sexuality. This policy deserves a dishonorable discharge.

… Between 2003 and 2006, U.C. Santa Barbara’s Michael D. Palm Center calculates, “106,768 individuals with serious criminal histories were admitted” to the armed forces.

Last year, the Army gave moral waivers to 106 applicants convicted of burglary, 15 of felonious break-ins, 11 of grand-theft-auto, and eight of arson. It also admitted five rape/sexual-assault convicts, two felony child molesters, two manslaughter convicts, and two felons condemned for “terrorist threats including bomb threats.”

…

Conversely, expelled military personnel include Arabic linguists and intelligence specialists who help crush America’s foes in the War on Terror. “Don’t Ask” has ousted at least 58 soldiers who speak Arabic, 50 Korean, 42 Russian, 20 Chinese, nine Farsi, and eight Serbo-Croatian — all trained at the prestigious Defense Language Institute. Al-Qaeda intercepts need translation, and Uncle Sam may need people who can walk around Tehran with open ears. Yet these dedicated gay citizens now are ex-GIs.

Murdock's take-home message is rationality itself:

“Don’t Ask” should yield to equality: Sexual orientation should be irrelevant while inappropriate sexual conduct — gay, straight, or otherwise — should be punished.

RELATED REFERENCES

American Veterans for Equal Rights, http://aver.us/aver/

Freeman, Simon (7/02/2008). Pride & patriotism: The fight for the right to serve. Published online and accessed 7/03/2008 at web site http://atlanta.creativeloafing.com/gyrobase/pride_amp_patriotism/Content?oid=508559

Murdock, Deroy (7/23/2008). Don’t Make Sense: A policy that deserves a dishonorable discharge. National Review Online. Article accessed 7/28/2008 at web address http://article.nationalreview.com/?q=ODliYjkwN2RkNWExMWE5OGQxMzA2ODNlZTc5NTRhYjY=

(Gay) Pride & Patriotism:A Cover Story by Scott FreemanAt Creative Loafing

TOPIC: gay rights, don't-ask-don't-tell

Here's a terrific article on the US military’s painful "don't ask, don't tell" policy, by Scott Freeman at Creative Loafing (Atlanta), including some interview comments from Stephen Benjamin (recent former Arabic translator for the Navy, recent op-ed contributor to The New York Times: Don't Ask, Don't Translate, and recent guest on "The Colbert Report") and Danny Ingram (described as "one of the first gays kicked out of the Army under 'Don't Ask, Don't Tell.' ").

Along with some important personal stories and history of gays in the military, Freeman also has some sobering number for us:

In the 15 years since the "Don't Ask, Don't Tell" law was put in place, an estimated 12,000 gay, lesbian and transgendered soldiers have been forcibly discharged.

"'Don't Ask, Don't Tell' has been an expensive proposition," says [Atlanta lawyer Jeff] Cleghorn, who sits on the board of directors of the Servicemembers Legal Defense Network. He points to a study by the University of California that determined the law has cost the military $363 million over the past 10 years. "Unfortunately, the military is not impressed by the numbers," he says.

Cleghorn's confident "Don't Ask, Don't Tell" will soon be repealed. According to the Pew Research Center, 52 percent of Americans supported removing the ban on gays in 1994 and 45 percent thought the ban should be continued. A recent Gallup poll showed 79 percent now support allowing gays to openly serve. And numerous other countries – including Great Britain, Australia, Canada and Israel – no longer have bans.

Freeman's article is a worthwhile read.

Related References

American Veterans for Equal Rights, http://aver.us/aver/

American Veterans for Equal Rights (Georgia Chapter), http://www.avergeorgia.org/

Freeman, Simon (7/02/2008). Pride & patriotism: The fight for the right to serve. Published online and accessed 7/03/2008 at web site http://atlanta.creativeloafing.com/gyrobase/pride_amp_patriotism/Content?oid=508559

More Good News On Gay Rights: Marriage In California

TOPIC: gay rights, gay marriage

The news and pictures are heartwarming, and not without considerable irony when you think about the irrational objections of homophobes and gay bashers across the country. With ranting illogic about how gay rights threaten to destroy our society and eat away at so-called family values, gender-bigots across the country have smugly denied gays legal rights on par with heteros — often viciously attacking gays and gay rights groups for "living in sin" and (ignorantly) accusing gays of not being capable of long-term healthy, loving romantic relationships, then refusing to grant gays who want it the legal right to publicly dedicate themselves to and proclaim these long-term (healthy) relationships in the same way heteros everywhere are allowed.

So what do we as a society say to Del Martin (age 87) and Phyllis Lyon (age 84) who have been together for more than 50 years (!) but until now haven't been allowed to wed? As a society we've not only disallowed them a host of legal rights with numerous implications for their lives and the lives of their relatives, but as a society we've forcibly disallowed for them the basic sociocultural roles that we then criticize them for not being able to fulfill — the roles of functional, nurturing, embedded-in-society de facto families.

They do: First same-sex couple — women in their 80s — wed in California

Del Martin, 87, and Phyllis Lyon, 84, tied the knot at 5:01 p.m. PT in San Francisco City Hall, marking the first same-sex marriage in California.

Martin and Lyon, who have been together for more than 50 years, repeated the vows they said four years ago, when Mayor Gavin Newsom declared that gay and lesbian couples could get married in the city. His decision was later overturned, but the state Supreme Court ruled last month that same-sex marriages were constitutionally protected.

[http://blogs.usatoday.com/ondeadline/2008/06/they-do-first-s.html]

I fear the country isn't ready. Sexist and racist language and behavior are still pervasive, if not as explicit and openly condoned as it once was. Gender bigotry is still at full boil.

I admire the courage and passion I see in the gay couples taking advantage of this opportunity right now in the face of national and world attention and while the anonymous gender bigots swamp the web commentaries on the news articles with their hate and fear and bible thumping. Of course, these daring couples face more direct animosity as well:

They may face opponents such as protesters in San Francisco waving signs reading "Homo Sex is Sin" and similar warnings.

Tony Perkins, president of the conservative Family Research Council, predicted "months of social chaos that could wreak havoc on every state in America."

He said California's new policy "threatens to undo thousands of years of natural marriage."

http://www.newsdaily.com/stories/n16257382-marriage-gays/

In such responses I see fear. I see outright hatred and intolerance. I see men and women moved by strong emotion to outrageous claims and offensive behavior.

But I don't see the logic. I certainly don't see compassionate humanity. In fact, I suspect when we lose the logic we quite often lose the compassionate humanity along with it.

I am hoping that California's newest effort in recognizing the rights of its gay citizens will hold … and eventually grow and spread.

Related References

Henderson, P. & Beck, A. (6/16/2008). California gays, lesbians marry legally. News Daily, accessed 6/17/2008 at website http://www.newsdaily.com/stories/n16257382-marriage-gays/

Henderson, P. & Chatterjee, S. (6/17/2008). California gay couples rush to wed as vote looms. News Daily, accessed 6/17/2008 at web site http://www.newsdaily.com/stories/n17360382-marriage-gay/

Winter, Michael (2008). They do: First same-sex couple — women in their 80s — wed in California. Accessed Tues 6/17/2008 at web site http://blogs.usatoday.com/ondeadline/2008/06/they-do-first-s.html