Miami judge rules against Florida 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.

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.

The ruling means that Martin Gill, 47, and his male 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."

Attorneys for the American Civil Liberties Union, who represent 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.

The state planned a swift appeal, likely setting up 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. FULL STORY

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Looks like state supreme court battles regarding Gay rights in California and Florida might be just what the GOP ordered for reigniting of their base. What do you think?

I think it would be a mistake for the GOP to further alienate themselves as being the Red Southern States AND Hate Gay party.. but who knows?

This could actually be the start of 'changes' due to having a Dem as President in January.

Im actually certain we're going to see a lot of these crazy laws repealed over the next year once Obama is firmly seated in Office.

Regards,

Lee

Thats GREAT!!!! I have raised my little brother since he was 9yrs old. He is now 17. When I took custody from the state they said I could not adopt him because I was gay, but I could be a relative caregiver until he is eighteen. That makes no sense. In my opionion its them trying to make both sides happy without having to choose one! Like you can foster a child, a but not adopt! The Radical Christian Groups are happy because there is a seperation, but they think we can settle for just fostering. Maybe we do want a family of our own!!!

Isn't great that someone is finally using some common sense in this arena, FINALLY.

Gay couples that I know of who are raising kids are doing a better job than many straight couples I know. My two year old granddaughter is now living with us and she's living in a healthy, caring, loving and safe environment. I see it the first thing every morning when she beams that beautiful smile at me.

Bill