Florida Gay Adoption Ban Upheld

[Cannikin]

Posted: January 28, 2004 5:14 p.m. ET

(Atlanta, Georgia) A federal appeals court has upheld Florida's ban on gay adoption. In a written ruling the court rejected a challenge by four gay men to the 1977 law.

"We exercise great caution when asked to take sides in an ongoing public policy debate, such as the current one over the compatibility of homosexual conduct with the duties of adoptive parenthood," wrote Judge Stanley Birch.

"The state of Florida has made the determination that it is not in the best interests of its displaced children to be adopted by individuals who 'engage in current, voluntary homosexual activity' and we have found nothing in the Constitution that forbids this policy judgment."

The American Civil Liberties Union, which represented the gay couples, had argued that Florida has allowed couples with drug and alcohol problems or histories of domestic violence to adopt children. Florida judges also allow some gay couples to become a child's permanent legal guardians, but were not allowed to adopt, the ACLU had told the court in arguments last year.

The state told the court that children are better off in homes with dual-gender parenting.

"Given the state's frank acknowledgement that lesbians and gay men pose no risk of harm to children, and its willingness to place children with lesbians and gay men permanently, it is impossible to credit the idea that the ban was adopted to promote child welfare," the ACLU said in a statement.

"The only purpose the ban could possibly serve is the forbidden one: expressing the state's disapproval of lesbians and gay men."
http://www.365gay.com/newscon04/01/012804flaAdopt.htm

[mmm]

1. That ruling is insane

What has happened to the checks and balances in that system?
This serves no one.

[soup]

2. This makes no sense. None.

Damn Florida.

http://www.lethimstay.com/

[LeftCoast]

3. So now that Gays & Lesbians are prohibited from adopting

we can add this to the growing list of special rights for heterosexuals. Gee, all that's left is for my 2nd class status to be officially acknowledged with a Constitutional Ammendment...*sigh*

[Occulus]

5. If I officially become a second class citizen,

I will not acknowledge the authority of any court or government personnel to hold me in judgement in any way.

[LeftCoast]

6. Probably best just to leave the country...

Emmigrate to a country that will treat you like a full citizen.

[Djinn]

13. is there a country

that treats gays and lesbians equally? I know mine doesn't

[mikehiggins]

18. Well, it may be considered poor form to tie this to the present election

but can you really see any professional politician taking on this decision? Could you really see any professional politician directing the Attorney General to file a brief in support of the "gay" adoption issue?

Generally, I think you need someone inexperienced enough to try and do what is right. Otherwise, like blacks and other minorities, your issues become just another commodity to be traded for votes.

An honorable man does honorable things.

Politicians and actors (and tv "news" people) make their living from lying.

[xchrom]

4. oh yeah -- equal under the law

my ass.:eyes:
another pathetic outrage against citizens who pay taxes, serve in the armed forces, establish themselves as members of the community, contribute to the well being of other peoples children whether they have them or not, etc
what a great country this isn't.

[Sapphocrat]

7. Bastards.

But no surprise. This is Florida, after all, home of Anita Bryant, Cruella de Harris, and Governor Godplayer, all shrouded under a great, big Disney World facade.

How can any sane person LIVE there?! Lukewarm beach water isn't everything, you know.

[Cannikin]

10. You left out Limbaugh.

[Sapphocrat]

12. I also left out...

...Florida's positively medieval "Child Protective Services" (or whatever the state agency is called). Child abuse, neglect, waste of resources, and repeated coverups.

[David__77]

8. Supreme Court's ruling last year should invalidate this...

Laws cannot be motivated on animus toward homosexuals--not allowed. A different law only regarding married versus non-married people may pass muster however.

[koopie57]

9. I wonder what would happen

if a child who is adopted turns out to be homosexual?

For a country so fearful of God, we don't seem to have much confident in His judgement and laws. He says love one another. I believe it is those who fear Him the most who added all the qualifiers.

[GoddessOfGuinness]

15. I remember reading posts from a gay DUer who

had been adopted and ultimately rejected by his adoptive parents. Clearly dual-gender parenting doesn't mean $#it.

[yo-yo-ma]

11. more children left behind

Another example of republican false "morality" where interfering in the personal lives of others is far more important than the welfare of our society and some of its most vulnerable members, ie unwanted children. To deny someone the right to extend their love and support to someone as a parent simply because of their sexual orientation is so offensive, so full of hate, so against democratic principles etc etc etc . . .

[stewert]

14. That Ruling is a Violation of The Constitution !

How can any court rule that gay people can not adopt a baby, it is a violation
of the equal protection clause in the constitution.

The fact that a court made a ruling that is a direct violation of the constitution
proves the justice system is screwed up.

The judges who made that ruling should be kicked off the bench forever. They
ruled by ideology instead of the law and the constitution. The law they violated
is called discrimination, they just don't want gay people to adopt a baby.

Land of the free, and home of the brave, not hardly.

[dusty64]

16. A perfect example

of what happens when the American Taliban controls our courts. This country is beginning to look a lot like Iran.

[noonwitch]

17. This is so interesting, because Michigan allows it on a technicality

We allow single parent adoptions in homes of unmarried couples, gay or straight. As long as the partner who is not adopting passes the criminal record test, we allow it. This policy was continued under 12 years of a very conservative republican governor, without question.
The only problem is that if the couple breaks up later, only one has any legal rights to the child.