Good News from Florida~Court says "Ban on Gay Adoptions Unlawful"!

[Cha]

<snip>

"A 30-year-old Florida law that prohibits adoption by gay men and lesbians is unconstitutional, a state appeals court ruled on Wednesday, and the state’s governor said the law would not be enforced pending a decision on whether to appeal.
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Martin Gill

Martin Gill took in two boys as foster children and is challenging a state adoption law.

The decision by Florida’s Third District Court of Appeal said that Florida’s adoption law, which bans adoption by gay men and lesbians while allowing them to be foster parents, had “no rational basis” and thus violated the equal protection clause in the State Constitution. Judge Gerald B. Cope Jr. wrote the opinion, which affirmed a 2008 decision from a lower court.

At a news conference on Wednesday afternoon, Gov. Charlie Crist applauded the decision, saying: “It’s a very good day for Florida; it’s a great day for children. Children deserve a loving home to be in.”

Because the decision applies statewide, he said, “We are going to immediately stop enforcing the ban.”

The state, however, has 30 days to appeal. The governor said that he had spoken with the secretary of Florida’s Department of Children and Families, but did not say whether there would be an appeal."

<more>
http://www.nytimes.com/2010/09/23/us/23adopt.html?_r=1&ref=us

:bounce: :bounce:

[HughMoran]

1. Awesome news!!

:applause:

[Cha]

2. Yes, it is..I know so many people this will make

Hap-py! :loveya::party::fistbump:

[SeattleGirl]

3. Excellent!

:bounce: :bounce:

[Cha]

4. More news on this sudden turnabout! "" With gay adoption upheld by court, state won't ask about ..

sexual orientation"


By Carol Marbin Miller and Scott Hiaasen, Miami Herald
Posted: Sep 23, 2010 07:30 PM

After an appeals court struck down Florida's controversial gay-adoption law, child welfare administrators quickly issued new instructions Thursday to foster-care workers throughout the state:

When it comes to sexual orientation, from now on, don't ask.

On Wednesday, a three-judge panel of the Third District Court of Appeal in Miami ruled unanimously that Florida's ban on adoption by gay men and lesbians was an unconstitutional form of discrimination that served no "rational'' purpose.

The case involved two former foster children who were adopted in 2008 by Frank Martin Gill, a gay North Miami man, with the approval of a Miami-Dade judge. The state Department of Children & Families appealed the decision to the Miami appeals court, which upheld the adoption in a strongly worded opinion signed by judges Vance E. Salter, Frank A. Shepherd and Gerald B. Cope Jr.

On Thursday, DCF's assistant secretary for operations, Peter Digre, instructed agency administrators across the state to immediately cease considering sexual orientation when reviewing applications from prospective adoptive parents.

"Based on the ruling that the current law is unconstitutional, you are no longer to ask prospective adoptive parents whether they are heterosexual, gay or lesbian, nor are you to use this as a factor in determining the suitability of applicants to adopt," Digre wrote. "Focus your attention on the quality of parenting that prospective adoptive parents would provide, and their commitment to and love for our children."

Also Thursday, Gill's legal team at the American Civil Liberties Union issued a statement urging DCF Secretary George Sheldon to forgo appealing the Miami ruling to the state Supreme Court.

http://www.tampabay.com/news/courts/civil/with-gay-adoption-upheld-by-court-state-wont-ask-about-sexual-orientation/1123676>http://www.tampabay.com/news/courts/civil/with-gay-adoption-upheld-by-court-state-wont-ask-about-sexual-orientation/1123676

[treestar]

5. Awesome!

And a matter of state law, too, so no right wing whining about the federal government!

[Cha]

6. Good point, treestar...thank you~ "Another Step On The Long Road To Equality"..

<snip>

By Michael Mayo September 24, 2010 10:01

AMA Florida appeals court struck down the state's ban on gay adoptions earlier this week, a landmark decision that is another step on the long road to equality for gays. A few thoughts:

1) It's about time, because the state's antiquated and illogical law banning gays from adopting was clearly unjust and unconstitutional, a violation of both the state and federal constitution's equal protection laws. Florida was alone among states in having a gay adoption ban, and it was completely illogical because Florida allows gays to serve as foster parents for abused and neglected children.

2) Even though the latest decision is well-grounded and correct, I still hope ban supporters (Attorney General Bill McCollum perhaps?) appeal to the Florida Supreme Court, so we could have a definitive ruling once and for all.

3) This ruling is important, but it's almost besides the point because plenty of Florida gay couples already have children and are raising families. Florida's ban precluded gays from adopting children in state custody. But gays have children through private adoptions, international adoptions, adoptions from other states, surrogacy/artificial insemination and prior heterosexual relationships.

<more>
http://weblogs.sun-sentinel.com/news/columnists/mayo/blog/2010/09/gay_adoption_ruling_another_cl.html