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Tuesday, November 25, 2008

Florida Judge Lifts Gay Adoption Ban - file this under "It's About Time!"

The Associated Press reports:

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.
There is no compelling reason why lesbians and gay men should not be allowed to adopt -- just as there is no compelling reason why loving couples shouldn't be allowed to marry.

The decision will likely be appealed, but hopefully the Florida Supreme Court will reach the same decision.

Gay singles and couples have been providing loving homes for children who need them for a very long time. Sometimes taking in children that no one else wants.

Personally, I think it should be very hard for ANYONE to adopt a child -- it's a huge responsibility -- but the sexual orientation of the parent should not be a deciding factor.

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. [...]

Organizations such as the American Academy of Pediatrics, American Medical Association and American Psychiatric Association all support permitting same-sex couples to adopt. [...]

"It is clear that sexual orientation is not a predictor of a person's ability to parent," the judge wrote. "A child in need of love, safety and stability does not first consider the sexual orientation of his parent. The exclusion causes some children to be deprived of a permanent placement with a family that is best suited to their needs."
Good work Judge Lederman!

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