Florida Ban on Gay Adoption Ruled Unconstitutional

The Miami Herald reports that Miami-Dade Circuit Judge Cindy Lederman has declared Florida’s gay adoption ban unconstiutional:

Gill_2“In a 53-page ruling, Judge Lederman said, ‘It is clear that sexual orientation is not a predictor of a person’s ability to parent.’ Two lawyers from the Florida Attorney General’s Office said they would file an appeal Tuesday. ‘We respect the court’s decision,’ said Assistant Attorney General Valerie Martin. ‘Based upon the wishes of our client, the Department of Children & Families, we will file an appeal.’ Gill, who is raising the half-brothers, ages 4 and 8, said he was ‘elated’ by the ruling and ‘I cried tears of joy for the first time in my life.'”

Gill can now adopt the boys he has cared for since 2004.

The AP reports: “Florida has one of the strictest bans on gay adoptions in the country. A judge in Key West ruled in September that the ban was unconstitutional, but that ruling has had limited legal impact. Attorneys for the state said they would appeal Lederman’s ruling. The appeal will ultimately decide what happens to the state ban in place since 1977.


  1. Alex says

    This is good news. However, I would not be surprised to see a constitutional amendment on the ballot in Fla. in the next election , enshrining the ban as part of the constitution. It will pass , too.

  2. Rafael says

    I’m not surprised that the DA is going forth with an appeal, this was the same DA who urged California to stay the Supreme Court’s ruling on allowing same sex marriages.

    A lot of things need to change here in Florida, but it looks more and more like this one will have to be a grass-roots movement.

  3. Michael Williams says

    how possible do you think that gay can train an adopted child?
    he might as well influence the child to become.
    if men should marry men like them selfs what should the wome do?

  4. Edward says

    Since when has conservative been synonymous with stupid. I cannot understand how a person who believes in personal responsibility, smaller government and individual rights can come to a conclusion that you should take away kids from a man like Gill. If the stories are true about how the kids came into his care, he is a true hero and the AG of Florida is a jerk. (Toned down so it will be printed) I am conservative straight and ex military. I nearly cried when I heard Gill’s story. Florida’s actions are hypocritcal and boarder on evil. Kids need loving homes, florida depends on Gay people to provide a lot of the foster homes. Now the state has the gall to separate a loving father from kids he rescued. People of florida that agree with the ban on gay adopting kids are sick.

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