Wednesday, September 22, 2010

Judge Strikes Florida Ban on Homosexual Adoption

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 the decision.

UPDATE 9/21/10: State agency decides homosexuals will keep children regardless of appeals

-- From "Florida to stop barring gay adoptions" by John Schwartz, The New York Times 9/22/10

The decision by Florida's Third District Court of Appeal said that Florida's adoption law, which bans adoption by gays 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 . . .

The state, however, has 30 days to appeal.

To read the entire article above, CLICK HERE.

From "Critics decry Florida court ruling overturning gay adoption ban" posted at Catholic News Agency 9/22/10

According to the Associated Press (AP), the judge found "no rational basis" for the ban when she approved the adoption of two young brothers by a man named Martin Gill and his same-sex partner.

However, pro-family group Liberty Council reacted to the news on Wednesday and issued a statement saying that under “Florida law, adoption is a privilege and not a right and, as such, the state may make classifications in the adoption arena that may be constitutionally suspect in other areas. The decision to adopt a child is not a private decision but a public act.”

Mathew D. Staver, founder of Liberty Counsel and dean of Liberty University School of Law said that “Common sense and human history underscore the fact that children need a mother and a father.”

“The Florida law seeks to ensure that children are placed in homes that have the potential of a mother and a father,” Staver underscored. “Homosexual adoption precludes children from having parents of both genders. Gender does matter to the well-being of children. Moms and dads are not optional non-essentials in the lives of children.”

To read the entire article above, CLICK HERE.