Appeals Court Upholds Ruling Declaring Florida's Ban on Gay Adoption Unconstitutional - Read the Ruling HERE

In November, 2008, Judge Cindy Lederman ruled that Florida's ban on gay adoption is unconstitutional. The ruling allowed Frank Martin Gill to move forward with adopting two brothers, ages 4 and 8, who had been in Gill's foster care since 2004.

Gill_2 In the 53-page 2008 ruling, Lederman wrote: "It is clear that sexual orientation is not a predictor of a person's ability to parent." 

The state of Florida appealed the ruling, and today a Miami appeals court ruled against the state:

"The 3rd District Court of Appeal issued its decision Wednesday affirming a lower court's decision that the ban is unconstitutional. Florida is the only state with a law flatly banning gays from adopting children without exception. Gays can be foster parents in Florida. A Miami-Dade County judge ruled the gay adoption ban unconstitutional in 2008, but the state appealed. The case will ultimately go to the state Supreme Court. Martin Gill and his male partner, along with the American Civil Liberties Union, filed the lawsuit in their attempt to adopt two brothers, whom they have cared for as foster children since December 2004."

This is the case for which discredited "ex-gay" fraud George "rentboy" Rekers was paid $120,000 to serve as an "expert" witness for the state.

Last week, Florida Governor Charlie Crist said he was considering dropping this specific case:

“I think we need to review [the case]. My comments really reflect that it’s better to have more of the judicial branch involved in this process. I think that most who follow the judiciary recognize that what’s in the ‘best interest of the child’ is what should be paramount in these kinds of decisions. That’s what I believe and I think that’s what will be the best for them."

Developing...

I've got today's ruling here:

3D08-3044

Feed This post's comment feed

Comments

  1. Will it still go to the Supreme Court if the governor has had a "change of heart"?

    Posted by: Mike C. | Sep 22, 2010 11:14:24 AM


  2. Excellent!

    Posted by: Brian in Texas | Sep 22, 2010 11:27:39 AM


  3. It will go to the Florida Supreme Court.

    Even if Governor Crist changes his mind, his GOP Attorney General Bill McCollum will definitely appeal. It only becomes an issue of legal standing if both representatives of the executive branch refuses to appeal and George Rekers were to hire a lawyer to defend the adoption ban himself.

    Posted by: John | Sep 22, 2010 11:50:32 AM


  4. Rekkers wasn't given kind treatment in the decision.

    Posted by: Guest | Sep 22, 2010 11:57:08 AM


  5. Fantastic. I only wish this were a federal court case.

    Posted by: Joe | Sep 22, 2010 12:12:22 PM


  6. This will go to the FSSC, where all of Jeb's cronies sit. Scary stuff...

    Posted by: Ben | Sep 22, 2010 12:14:39 PM


  7. I would say this is incredible for gays in Florida. It is actually quite surprising given the political climate there yet still an incredible step in the right direction. There are definitely more states that should follow this lead and see how things turn out.

    Posted by: Beau | Sep 23, 2010 12:55:11 PM


  8. Even if Governor Crist changes his mind, his GOP Attorney General Bill McCollum will definitely appeal. It only becomes an issue of legal standing if both representatives of the executive branch refuses to appeal and George Rekers were to hire a lawyer to defend the adoption ban himself.

    Posted by: air jordan shoes for kids | Jun 20, 2011 9:36:57 PM


Post a comment







Trending


« «Leonardo DiCaprio and Joaquin Phoenix to Play Lovers on the DL?« «